Spencer v. Duncan

Citations

• 107 Cal. 423
• 40 P. 549
• 1895 Cal. LEXIS 769

Syllabus

<p>Findings—Statute of Limitations—Accounting—Demand.—In an action for an accounting of trust funds, in which the complaint averred a demand upon the defendant before suit brought, which allegation was admitted by the answer, a finding against the defendant’s plea of the statute of limitations need not find the date of such demand.</p> <p>Id.—Decision — Findings of Fact — Conclusion of Law—Judgment.— Where, in such an action, the decision of the trial court, in its findings of facts, specifically finds the trust relation under which the money was obtained, a judgment entered thereon, decreeing that the money was held in trust, and ordering the same paid to the plaintiff, will not be reversed merely because the decision contained no express “ conclusion of law” as to such trust relation.</p> <p>Id.—Erroneous Conclusion of Law.—An erroneous conclusion of law is not ground of reversal if the judgment >s right.</p>