Block v. Laboratory Procedures, Inc.

Opinion

IRWIN, J.

*

Appeal by plaintiff from that portion of a judgment disallowing prejudgment interest on a claim for breach of a stock option contract.

The sole question to be determined is whether appellant’s damages for breach of contract were, on the record before us, capable of being made certain by calculation.

Appellant and respondent entered into a written employment agreement which gave appellant an option to purchase 5,000 shares of respondent’s stock at 85 percent of its market value as of April 19, 1965. The option period was 24 months. Appellant exercised the option on November 10, 1965, by tendering payment in the sum of $3,750. The offer was re

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jected and this action followed. After trial by the court without a jury, appellant was awarded damages in the sum of $16,187.50 for breach of the option provision of the contract. When the formal judgment was presented, a blank space therein providing for prejudgment interest was stricken and initialed by the trial judge. Findings of fact and conclusions of law were not required. (Code Civ. Proc., § 632.)

The appeal is upon the judgment roll alone (Code Civ. Proc., § 670) and there is no transcript of the evidence before us. Under such circumstances the evidence is conclusively presumed to support the judgment.

(Kompf

v.

Morrison

(1946) 73 Cal.App.2d 284, 286 [166 P.2d 350].) Accordingly, only matters appearing in the clerk’s transcript are to be considered. (Witkin, Cal. Procedure (1967 Supp.) Appeal, § 81, p. 935.) Where there are no findings it is implied in favor of the judgment that the court found all the facts necessary to support it.

(Mears

v.

Mears

(1960) 180 Cal.App.2d 484, 497 [4 Cal.Rptr. 618];