Noonan v. Hood

Citations

• 49 Cal. 293

Syllabus

<p>Conflict in Evidence.—The findings of fact, made by a referee, will not be disturbed on an objection that they are not sustained by the evidence, provided there is a substantial conflict in the evidence.</p> <p>Judgment Payable in Gold Coen.—In an action for goods sold, and services performed, and money loaned, a judgment for the plaintiff in gold coin must not be rendered, if there is nothing in the record to show an agreement to pay in gold coin.</p> <p>Costs on Appeal.—If a judgment is reported by a referee payable in gold coin, and there is nothing in the record warranting it, the Supreme Court will direct the judgment to be modified, but without costs to the appellant, if he failed to ask the Court below to make the modification.</p>