Jordan

Jordan v. Reynolds

Good Law
108 Cal. App. 2d 91·1951 Cal. App. LEXIS 2009·237 P.2d 1005
Court of Appeal of CaliforniaDecember 7, 1951Civ. 7988California1,305 words

Opinion

Opinion

Peek, J.

This is the second appeal in a controversy concerning a sawmill located in Mendocino County. In the first appeal ( 97 Cal.App.2d 194 [ 217 P.2d 66 ]) this court reversed a judgment in favor of defendants, the action being for damages for eviction from the sawmill and for conversion of logs, and remanded the cause for further proceedings. We upheld the finding of the trial court that the agreement between the parties was one for the conditional sale of the sawmill by respondent Reynolds to appellants, but we held that the findings as a whole were inconclusive on the question of whether Reynolds was entitled to repossess the sawmill.

Upon the cause being remanded the parties stipulated that the matter could be resubmitted to the trial court upon the evidence theretofore taken. No additional evidence was offered by either party. The trial court again rendered judgment for defendants upon findings that the parties entered into certain agreements (see Jordan v. Reynolds, supra, p. 196 ) under which it was agreed that appellants could remove the sawmill from the land where it stood any time after payment to Reynolds of $5,000; that appellants agreed to treat the sawmill as personal…

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