Kashiki v. California Growers & Shippers, Inc.

WORKS, J.

This is an action for an accounting under the operations of the parties pursuant to two contracts between them. The contracts had to do with the growing and marketing of melons and lettuce, plaintiff contracting as a grower of such products and defendant as a concern en- . gaged in marketing them. The accounts of the transactions between the parties were kept in the books of defendant. Plaintiff had judgment for $2,254.60 and defendant appeals.

An item of $1,000, included in the amount for which judgment was rendered, was allowed respondent upon the theory that appellant had made a double charge against him, in that amount, on its books. Appellant contends that there was no sufficient evidence of the double charge and that the trial court erred in allowing the item. The point must be resolved, almost wholly upon the testimony of the president of appellant, who was the only witness sworn in the case. Both parties argue the question upon the basis of

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that testimony, pointing, in support of their respective claims, to various statements made by the president. Appellant, it is true, refers to the books as having been introduced in evidence, but reproduces in its brief no entries from them which bear on this question, the appeal being under the alternative method, nor is it argued, nor does appellant say it was objected at the trial, that statements made by the witness as to entries appearing in the books were not the best evidence. After this preface, let us examine the testimony. The record shows the following, at one place:

“Mr. Hickcox [Counsel for Respondent]: . . . His books show that thousand dollars both ways. In the statement he has given us, he has charged us with that thousand dollars twice. Their books show that—

“The Witness: Here is a charge we have charged against Mr. Kashiki $1010.43. He borrowed that money on our note, with the interest, which he paid and we charged it against him. There is another thousand dollars charged against him and that was the only thousand dollars. When we borrowed money for him, we charged it against him and when he paid it, we charged this amount also against him.

“Q. (By the Court.) This is where you paid the bank note?