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Home > Art, Film & Photography > Reports of Cases Determined in the District Courts Volume 38
Reports of Cases Determined in the District Courts Volume 38

Reports of Cases Determined in the District Courts Volume 38


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ... which supports its objection that the findings are materially at cross-purposes with the issues as tendered by the complaint or with the contract as so declared upon. 2. We think the court was right in allowing legal interest on the share of the plaintiff in the "excess amount" for which the Moore ranch was sold by the defendant from the sixth day of November, 1912, the day on which the latter sold said ranch. (Civ. Code, sec. 1917.) It is, among other things, provided by that section that, unless there is an express contract in writing, fixing a different rate, interest is payable at the rate of seven per cent per annum on moneys, after they have become due, "received to the use of another and detained from him." In this case, the money coming to the plaintiff as his share of the profits realized from the sale of the ranch became due on the day the sale was made by the defendant. It is argued, however, that the one-half of the money received by the plaintiff for the ranch in excess of the purchase price thereof "was not plaintiff's money received by defendant as a collector to be turned over to plaintiff, but on plaintiff's own version of the contract the excesa sum was merely to be taken as a measure of the compensation which he was to have, and, according to the findings of the court, that measure remained unknown until the amount of net profits was ascertained. The unsupported and repugnant finding that the money was received to plaintiff's use being rejected," proceeds the argument, "nothing remains but the finding of an unliquidated demand due to plaintiff"; and it is added that interest is not allowable on unliquidated demands, citing Cox v. McLaughlin, 76 Cal. 60, 9 Am. St. Rep. 164, 18 Pac. 100, and Swinnerton v. Argonaut Land...


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Product Details
  • ISBN-13: 9781154059144
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 328
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1154059146
  • Publisher Date: 01 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 639 gr


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