Spotton

The plaintiff appeals from an order denying his motion made under the provisions of section 663 of the Code of Civil Procedure to vacate a judgment against him and to change the conclusions of law on the ground that they are not supported by the findings. None of the evidence is before the court. In such a case the appellant necessarily concedes that the findings are correct and responsive to the issues.

On April 1, 1914, the two instruments involved in this suit were executed. One was a contract between Charles H. Green, of San Francisco, and Edward F. Dyer, of Cleveland, Ohio, and the other a promissory note, negotiable in form, for ten thousand dollars made by Dyer to Green payable October 1, 1914. Under the terms of the contract, among other things, Green was to complete and transfer to the Green-Dyer Company on or before June 1, 1914, ten thousand lineal feet of billboards in and near the cities of San Jose, Santa Cruz, and Salinas. These billboards constitute “the plants’’ to which reference is made in the findings. The contract recited the payment of ten thousand dollars by Dyer, coincident with its execution, and bound Dyer to make two other payments of ten thousand…