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443 F.2d 1363

Docket No. 23544.

Leeds v. Levey

Ninth Circuit Court of Appeals

Decided July 16, 1971.

Ninth Circuit Court of Appeals · decided 1971-07-16

2 counsel of record

Relies on D. L. Godbey & Sons Construction Co. v. Deane · Herren v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-07-16

How this case has been cited

Cited by 5 later decisions — most recently November 2008

1 state decisions

201971198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Stephen D. Miller (argued), of Miller, Glassman & Browning, Beverly Hills, Cal., Harry J. Cohen, of Shapiro & Cohen, North Hollywood, Cal., for appellant.

¶2Arnold J. Rotman (argued), of Weiner, Rotman & Pistone, Canoga Park, Cal., for appellee.

¶3Before CHAMBERS, TRASK and CHOY, Circuit Judges.

¶4PER CURIAM:

¶5The judgment in this case for $62,-419.06 plus interest in favor of Leeds against Levey is affirmed except .that we conclude that Leeds' judgment against Levey should be for $53,022.93. We arrive at this adjustment because of a credit to be allowed Levey and out of reconstruction of the final computation.

¶6We accept the trial court’s computation of a charge against Levey of $117,-942.01 and a charge of $6,896.12 (money received) against Leeds. (This is not a true partnership case but the same rules of accounting would be applicable here). We find the $117,942.01 figure should be reduced by a $5,000 credit for an amount paid by Levey to Perma Stamp Products. See Godbey & Sons Const. Co. v. Deane (1952) 39 Cal.2d 429, 246 P.2d 946.

¶7So we conclude that the “partners” accounts with the “partnership” were $112,942.01 (drawn by Levey) and $6,-896.12 (drawn by Leeds) or a total of $119,838.13. Thus Leeds is entitled to one-half of the total, which is $59,919.-06, less $6,896.12 already received, leaving a net of $53,022.93 due Leeds by Levey.

¶8With the foregoing adjustments we find no reversible error in the judgment.

¶9Remanded for modification in accordance with the foregoing. Appellant shall have one-half his costs on the appeal.

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