Moore v. Mosher

DOOLING, J.

Plaintiffs appeal from an adverse judgment. Plaintiffs entered into a contract to purchase a dress shop owned by defendant. The price was to be $2,300 plus the cost price of the goods on hand. Plaintiffs paid $1,300 on account and, the sale not having been consummated, they sued to recover back this amount pleading a common count for money had and received. Defendant answered and cross-complained for damages. The trial court entered judgment denying any affirmative relief to either party.

The evidence was in sharp conflict, plaintiffs testifying that they refused to pay the balance of the purchase price because defendant did not furnish them with an intelligible inventory of the purchase price of the goods on hand supported by the invoices, and did not furnish a sales tax certificate as required by sections 6811-6812, Revenue and Taxation Code; and defendant testifying that plaintiffs did not mention a tax certificate, made no objection to the inventory and did not question the amount of the purchase price, but refused to perform unless defendant reduced the price by $1,000.

Plaintiffs claim that certain findings of the court are not supported by the evidence, but we find it unnecessary to discuss these findings. “It is elementary law that ‘if h judgment is amply supported by findings which are unobjectionable, findings on other issues become immaterial, and it is not ground for reversal that such other findings are unsupported by evidence.’ (2 Cal.Jur., sec. 612, p. 1028, citing many cases.)”

(Chapman

v.

Sky L’Onda etc. Water Co.,

69

[326]

Cal.App.2d 667, 680-681 [159 P.2d 988] ;

Estate of Sproston,

4 Cal.2d 717, 722 [52 P.2d 924];

Owen

v.

Cohen,

19 Cal.2d 147, 150-151 [119 P.2d 713]