Surpless v. Surpless

The question of damages to be allowed for breach of the partnership agreement was brought to the attention of the parties and of the referee on the hearing and was stated by the latter to be a matter of accounting. When the reference was closed, the objecting defendant made no requests to find pursuant to section 1023 of the Code of Civil Procedure, neither did he take any exceptions to the report of the referee pursuant to section 994 of the-Code.

It is conceded that the referee has complied with the statute in stating separately his findings of fact and conclusions of law, but the defendant…