Pratalongo v. Larco

Citations

• 47 Cal. 378

Syllabus

<p>Finding on Issues Made in Pleadings.—Although when specific facts are put in issue by the pleadings, it is the duty of the Court or referee to find distinctly as to those facts, still, when only general facts are averred in the complaint and answer, and where the controversy relates to the settlement of a long standing account, consisting of numerous items, the referee or Court need not find the facts proved in respect to each item. If the items on the credit and debit sides are intelligibly stated, it is sufficient.</p> <p>Stbiking Out Finding of a Refebee.—When a case has been tried by a ■ referee, and he has reported a finding of facts, it is not good practice for the Court to strike out a finding made by the referee and substitute one of its own. If, however, this is done, and the appellant is not prejudiced by it, it does not furnish ground for a new trial.</p> <p>Contkact in Wbiting to Pay Intebest.—When parties have mutual transactions, and one renders an account current to the other, in which the names of the parties appear, and he charges interest at a specified rate on both sides of the account, it is a contract in writing, sufficient under the statute, to charge him with interest at the rate at which he has charged himself in the account rendered. It is a-eontraet in writing by which he stipulates to pay such rate of interest.</p> <p>Settlement of Accounts.— When a party who has had dealings with another for a long time, on a trial for the settlement of their accounts, claims commissions on certain drafts, and it appears that after the drafts were drawn, he rendered an account in which he made no charge for the commissions, and it also appears that he did not include the commissions in a bill of particulars rendered after the action was commenced, the referee or Oourt may exclude the commissions.</p> <p>Damages on Fobeign Bill of Exchange Pbotested.—The payee in a foreign bill of exchange, drawn in this State, and which is protested by the drawee, is n