Guy v. Franklin

Citations

• 5 Cal. 416

Syllabus

<p>The usual and best method of proceeding in cases of foreclosure, is to appoint a Master to find and report the amount due, and these exceptions may be filed to the report upon which the judgment of the Chancellor is given, and this may afterward be assigned as error.</p> <p>It is no error for the Chancellor to make the calculations himself; but when he has done so, a mistake in calculation must be brought to his notice, in some form analogous to that of an exception to a Master’s report.</p> <p>A mistake in the computation of interest, or taxation of costs, cannot be attacked for the first time in an appellate Court. The party complaining must move in the Court below to correct the computation, or re tax the costs, and thus obtain the judgment of the Court of original jurisdiction, upon the disputed items, before resort can be had to a higher tribunal.</p> <p>In entering a judgment, the correct rule is to add the interest due on the notes up to the time of the judgment, to the principal, and enter the judgment for the gross amount, and such judgment is then to bear the same interest as the notes, until paid.</p> <p>The theory of the law is not that the party recovers the particular note or chose in action, as is commonly imagined, but that he recovers damages for the nonperformance of the contract; and in case of failure to pay money due, the true measure of damages is the amount of money owing and the interest which was agreed upon.</p>