203 P. 1009 | Cal. Ct. App. | 1921
In this action division one of this court rendered its judgment on December 27, 1920 (
The sole question presented upon this appeal is as to the propriety of the allowance of interest.
The action was brought by plaintiff for the amount due to it for certain goods, wares, and merchandise furnished to defendants consisting of concrete, gravel, crushed gravel, and sand for use in the construction of Twin Peaks tunnel in San Francisco. It was found by the trial court that the material was furnished under a written contract between the parties. It was also found that the defendants had agreed to pay seventy-five cents per ton for the material furnished by plaintiff and that 135,564.26 tons of same had been delivered by plaintiff to the defendants and that $87,920.68 had been paid by defendants upon account, all as alleged in plaintiff's complaint. As a matter of arithmetical calculation, this would leave a balance due plaintiff of $13,752.51. By mistake the judgment of the trial court was originally entered for $15,195.31, and upon appeal, division one of this court pointed out the discrepancy and reduced the judgment to accord with the findings made by the trial court. The modified judgment from which the present appeal is taken stands as a judgment upon a written contract, it having been found by the trial court that there were no offsets or counterclaims in favor of the defendants.
[1] The original judgment, before the modification, allowed interest on $15,195.31 at the rate of seven per cent from July 21, 1917, the date of the delivery of the materials, to October 15, 1919, the date of the judgment. This allowance of interest was proper under the rule of section
[2] The further question discussed by appellant as to the propriety of the court's action in taking October 15, 1919 (the date of the entry of the original judgment), as the date of judgment in making its interest calculations rather than the later date when the modification of the judgment was actually made, is without merit. That question was considered in the case of Barnhart v. Edwards,
There are no other matters which require discussion. The judgment is affirmed.
Sturtevant, J., and Nourse, J., concurred.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on February 2, 1922.
All the Justices concurred.