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Mix v. MillerMix v. Miller

California Supreme Court
Jul 1, 1881
No. 6,638
Reporters:
The Court:

This was an action to recover the value of services for making a search and abstract of the ‍‌‌‌‌‌‌‌‌​​‌​‌​‌​‌​​​‌​​​​‌​​​​‌​‌​​‌‌‌​‌‌‌‌​​​‌​‌​​​​​‌​​‌​‌‌‌​​‌​​‌‌​​​‌​​‌​​​​​​​​​​‌​‌‌‌‌​‌​‌‍Las Animas rancho, and for money expended for traveling expenses, stationery, board, and assistants.

The Court below found, among other facts, that the work was completed in a workmanlike and professional manner, on the 20th of September, ‍‌‌‌‌‌‌‌‌​​‌​‌​‌​‌​​​‌​​​​‌​​​​‌​‌​​‌‌‌​‌‌‌‌​​​‌​‌​​​​​‌​​‌​‌‌‌​​‌​​‌‌​​​‌​​‌​​​​​​​​​​‌​‌‌‌‌​‌​‌‍1876; that the abstract was on that day delivered to the defendant, who received the same and was satisfied with it; that the services rendered were reasonably worth $10,000; that there had been paid on account ‍‌‌‌‌‌‌‌‌​​‌​‌​‌​‌​​​‌​​​​‌​​​​‌​‌​​‌‌‌​‌‌‌‌​​​‌​‌​​​​​‌​​‌​‌‌‌​​‌​​‌‌​​​‌​​‌​​​​​​​​​​‌​‌‌‌‌​‌​‌‍of them $2,800, leaving due and unpaid a balance of $7,200 on the 20th day of September, 1876, for which, with interest from that date, judgment was entered for the plaintiff.

It is assigned as errors: That ‍‌‌‌‌‌‌‌‌​​‌​‌​‌​‌​​​‌​​​​‌​​​​‌​‌​​‌‌‌​‌‌‌‌​​​‌​‌​​​​​‌​​‌​‌‌‌​​‌​​‌‌​​​‌​​‌​​​​​​​​​​‌​‌‌‌‌​‌​‌‍there was a defect of parties plaintiff; that the findings are not justified by the evidence; *357and that the Court erred in allowing interest. Upon the first two grounds there is a substantial conflict of evidence. Plaintiff ‍‌‌‌‌‌‌‌‌​​‌​‌​‌​‌​​​‌​​​​‌​​​​‌​‌​​‌‌‌​‌‌‌‌​​​‌​‌​​​​​‌​​‌​‌‌‌​​‌​​‌‌​​​‌​​‌​​​​​​​​​​‌​‌‌‌‌​‌​‌‍was entitled to interest from the day that his demand became due. (§ 3287, Civ. Code.)

Judgment and order affirmed.

Case Details

Case Name: Mix v. Miller
Court Name: California Supreme Court
Date Published: Jul 1, 1881
Citations: 57 Cal. 356; No. 6,638
Docket Number: No. 6,638
Court Abbreviation: Cal.
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