Stamler v. Kissinger

DRAPEAU, J. pro tem.

*

This is the second appeal in this ease.

In the first appeal it was held that there was substantial evidence to support facts found by the superior court upon which a judgment ex contractu was affirmed for plaintiff, leaving the amount due him to be determined by a referee.

(Stamler

v.

Kissinger,

115 Cal.App.2d 171 [251 P.2d 709].) The facts will be found stated in the opinion of this court in that case.

This appeal is from a judgment based upon the referee’s report to the superior court that defendants owed plaintiff $13,167.28.

The trial judge approved the referee’s findings, after hearing defendants’ objections to them; and denied a motion for a new trial.

Defendants assert two grounds of appeal: First, that the evidence was insufficient to support the judgment based upon the referee’s findings, “for any sum in excess of $875.34.” Secondly, that it was error for the court to allow interest from the time of the commencement of the action.

Neither ground of appeal is well taken.

There is considerable argument in the briefs concerning facts found by the trial court in the original decision as affirmed by this court; and also as to evidence before the referee, upon which it is contended that a different balance should have been found.

This court has given little consideration to the argument about the findings in the original decision, because it is well settled that these findings, as approved by this court,

[241]

are the law of the case.

(Allen

v.

California Mutual B. & L. Assn.,

22 Cal.2d 474, 481 [139 P.2d 321]; 4 Cal.Jur.2d 591.)