Harper v. Markarian

In Harper v. Markarian (1955) 131 Cal. App. 2d 771, the plaintiff sued the defendant on breach of contract and quantum meruit theories. In rendering judgment for the plaintiff, the trial court found, in part, there was a written contract, the defendants wrongfully terminated it, and the plaintiff furnished services and material to the defendants at their request. The defendants appealed, arguing the findings were inconsistent and contradictory and the amount of damages was excessive. In affirming the award, the court stated: "Unless the conflict is clear and the findings incapable of being harmoniously construed, a judgment will not be reversed on the ground of a conflict in the findings. " (Id. at p. 778.) It relied, in part, on the "line of cases holding that where a judgment is obtained on one of two theories stated in separate causes of action, and the evidence would support a recovery on either theory, the finding on one particular inconsistent theory may be disregarded." " (Ibid.)