Davis v. Stewart

This is the third appeal in the above entitled action. (Davis v. Stewart, 31 Cal.App.2d 574 [88 P.2d 734] ; Davis v. Stewart, 53 Cal.App.2d 439 [127 P.2d 1014].) The facts are fully set forth in those decisions. After the remittitur went down in the case last mentioned, and on or about October 1, 1942, the defendant surrendered possession of the premises in dispute. Later the plaintiff filed a supplemental complaint asking for a final accounting of defendant’s stewardship from February 29, 1940, to October 1, 1942.

The plaintiff alleged and introduced proof to the effect that the defendant so…