Chapman v. Bent

Citations

• 6 Cal. Unrep. 740
• 65 P. 959
• 1901 Cal. LEXIS 1248

Syllabus

<p>Pleading.—A Bill of Particulars, Served by Plaintiff in response to a demand therefor, becomes a part of the complaint.1</p> <p>Appeal—Conflicting Evidence.—In Order That Findings and Judgment on conflicting evidence may stand on appeal, such conflict must be one that is material.</p> <p>Work and Labor.—-Plaintiff Hauled Certain Pipe for a* Third Party, who was under contract with defendant, at so much per ton, upon the terms of that contract, up to a certain date, when he claimed to have commenced working for defendant. Plaintiff testified that he sent defendant word that he would not work unless defendant paid him; that such third party was going away; and on cross-examination he said defendant agreed to pay him for what he had done if he could get an order from such third party, which order was obtained. He testified that nothing was said whether he was to be paid by the day or the ton in making his alleged contract with defendant. A witness testified that plaintiff told him, after he commenced working for defendant, that he was hauling by the ton. Defendant testified- that he made no agreement with plaintiff, and that the latter asked him to guarantee the payment for the work done for such, third party. Plaintiff submitted a bill of particulars, specifying the number of teams used, and number of days at work, having, at the conclusion of his work, submitted- a statement of the number of tons hauled. Held, that a finding that plaintiff performed work and labor for defendant was not justified by the evidence.</p>