Smith v. Bull

McCOMB, J., Concurring and Dissenting.

I would modify the judgment of the superior court by striking therefrom the following:

“3. That plaintiff shall recover from defendant Frank Bull the sum of twenty-eight thousand six hundred ninety-five and 83/100 dollars ($28,695.83), with interest thereon from the date of entry of this final judgment, until paid, at the rate of seven per cent (7%) per annum.”

As so modified, I would affirm the judgment for the reasons expressed by Mr. Presiding Justice White in the opinion prepared by him for the District Court of Appeal (Cal.App.), 318 P.2d 46.

Appellant’s petition for a rehearing was denied June 11, 1958.