Rogers v. Duff

Citations

• 97 Cal. 66
• 31 P. 836
• 1892 Cal. LEXIS 758

Syllabus

<p>Assumpsit — Money Paid—Pleadinq — Uncertainty—Items of Account—Bill of Particulars. —A complaint alleging that the plaintiff, as a commission broker, advanced a specified sum of money for defendants, at their instance and request, in the purchase of produce, and that the defendants promised to pay the same to plaintiff, but although often requested so to do, neglected and still neglect to pay the same to the plaintiff, is neither uncertain nor ambiguous. The plaintiff need not set forth the items of an account alleged, but must, if demanded in writing, give a copy of the account to the adverse party, or be precluded from giving evidence thereof.</p> <p>Id. — Goods Sold — Commissions on Produce — Pleading — Implied Averment op Services.—An allegation in a complaint that the de. fendants are indebted to the plaintiff for the balance of an account for produce sold to the defendants, and for commissions on the purchase by-plaintiff for defendants of various articles of farm produce, implies that the plaintiff performed services for the defendants in purchasing the articles; and a finding that the defendants are indebted to the plaintiff for labor performed at their request is within the issues.</p> <p>Id.—Agency — Compensation for Services.—Commissions are the compensation to agents, factors, and other persons who manage the affairs of others, in recompense for their services.</p> <p>Findings — Failure to Find upon Issue — Evidence — Appeal.—The omission of the trial court to find upon an issue is not an error for which the judgment will be reversed, where it does not appear that evidence was introduced in relation to such issue.</p>