Edwards

Edwards v. Wilson

Good Law
1921 Cal. App. LEXIS 135·55 Cal. App. 722·204 P. 89
Court of Appeal of CaliforniaDecember 21, 1921Civ. No. 3576.California347 words

Opinion

Lead Opinion

Craig, J.

The greater part of the appellant’s brief is devoted to a consideration of the evidence and an attempt to point out wherein the evidence is insufficient to sustain the findings. As the bill of exceptions makes no specifications of error or of insufficiency of the evidence to support the findings, the record will not permit this court to consider these matters.

The third ground urged is that the findings do not support the judgment. This, of course, may be determined by an examination of the judgment-roll. Appellant has pointed out but one particular in which it is claimed that reversible error was committed as shown by the judgment-roll alone. Finding I, in referring to the status of the ownership of the property to be exchanged by Nelson, used this language: “A certain other piece of real estate. . . . Being purchased by and to be owned by defendant John F. Nelson.” It is asserted that this is inconsistent with that part of the judgment which directs that the acceptance be reformed to read: “This agreement witnesseth: That John F. Nelson is the owner of the second piece of property, etc.” To recite in the judgment and “have the legal effect of the words.” The acceptance thus…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.