Merrick Ruddick v. Title Insurance Trust Co.

Full title: MERRICK RUDDICK, INC. (a Corporation), Appellant, v. TITLE INSURANCE TRUST…

Court: Court of Appeal of California, First District, Division Two

Date published: Nov 6, 1931

118 Cal.App. 758 (Cal. Ct. App. 1931)

5 P.2d 71

Opinion

Docket No. 7996.

November 6, 1931.

APPEAL from a judgment of the Superior Court of Los Angeles County. Walter Guerin, Judge. Reversed.

Gesner Williams and Joseph Harris Brewer for Appellant.

Schweitzer Hutton and H.F. Clary for Respondents.

MEMORANDUM CASES.

SPENCE, J.

This is an appeal by plaintiff from the same judgment which we had under consideration in Merrick Ruddick, Inc., v. Security Trust Savings Bank, (No. 7995) ante, p. 219 [ 5 P.2d 67]. Plaintiff here complains of the method adopted in computing the amount of the judgment, contending that it was entitled to judgment in a larger sum. We deem it unnecessary to discuss the propriety of the method adopted as we are of the opinion that plaintiff was not entitled to an accounting nor to any judgment against defendants.

[1] For the reasons stated in the opinion this day filed in Merrick Ruddick, Inc., v. Security Trust Savings Bank, (No. 7995) supra, the judgment is reversed, respondents herein to recover their costs.

Nourse, P.J., and Sturtevant, J., concurred.