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District Court of Appeal, Fourth District, California.


Civ. 2496

Decided: January 07, 1941

Schooling & Wayte, of Huntington Park, and West & Crookshank, of Santa Ana, for appellants. Blodget, Kuchel & Tobias, of Santa Ana, and Harry R. Simon, of Los Angeles, for respondent.

In requesting a rehearing herein the respondent argues that a portion of the judgment related to separate causes of action, involving price discrimination by the appellants, as between their own customers; that this matter was not considered in our opinion; and that this portion of the judgment should be affirmed.

The causes of action were not separately treated in the findings and judgment, the point now made was not raised in respondent's brief and is here presented for the first time, and a casual inspection indicates that the record does not support the portion of the judgment now sought to be sustained. Not only should parties to an appeal not be allowed to present their contentions piecemeal on successive hearings, but it here clearly appears that the matter now relied on is incidental to the main relief sought, and that it is one which, in all fairness, should be considered with the other issues on a retrial of the entire action.

The petition for a rehearing is denied.