Feldman

Appeal by plaintiff and cross-defendants from an order denying their motion for a new trial made pursuant to section 953e of the Code of Civil Procedure upon the ground of the impossibility of securing a phonographic report of the proceedings had upon the trial due to the death of the stenographic reporter.

This action was instituted by plaintiff to quiet title to and recover possession of an improved parcel of real property in the city of Los Angeles. The defendants filed an answer and cross-complaint. The latter was directed against the plaintiff and other named cross-defendants and thereby defendants sought specific performance of an alleged oral contract for the sale of the real property in question or in the alternative for damages.

The following facts are made to appear without conflict:

On September 5, 1956, judgment was entered in favor of the defendants and cross-complainants and against the plaintiff and cross-defendants. On September 28, 1956, the present attorney for the plaintiff and cross-defendants was substituted in the place and stead of their former attorney of record who had participated in the trial of the action. On October 8, 1956, plaintiff and…