How have courts considered the effect of a failure to make an express finding as to the reasonable value of the changes and deviations on a contract?

California, United States of America


The following excerpt is from Culbertson v. Cizek, 225 Cal.App.2d 451, 37 Cal.Rptr. 548 (Cal. App. 1964):

The general tenor of this argument is that although the court made no express findings as to the reasonable value of the changes and deviations, the amount due from plaintiffs on the contract and the amounts due for changes and deviations, all of these facts can be reasonably implied from the findings which the court did make. As the court said in Richter v. Walker (1951) 36 Cal.2d 634, 640, 226 P.2d 593, 596; '[W]hile full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made.' (See also Greenberg v. Hastie (1962) 202 Cal.App.2d 159, 173, 20 cal.Rptr. 747.)

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