McKeever

McKeever v. Locke-Paddon Co.

Good Law
58 Cal. App. 51·207 P. 1040
Court of Appeal of CaliforniaMay 31, 1922Civ. No. 3889.California2,745 words

Opinion

Lead Opinion

Knight, J.

In this action the plaintiff, Frank M. McKeever, recovered a judgment against the defendant, Locke-Paddon Company, a corporation, for damages sustained in connection with a real estate trade into which plaintiff was induced to enter through the fraudulent representations of the defendant. On stipulation of the parties the action was tried before a jury, sitting in an advisory capacity, and a general verdict was rendered in favor of plaintiff for $3,500. The trial judge failed to file any written decision, findings of fact, or conclusions of law, or any order adopting the verdict, but merely entered judgment on the verdict. An appeal was taken by defendant and the judgment was reversed and the cause remanded, with directions to the trial court to give its decision in writing as provided in section 633 of the Code of Civil Procedure, and to enter judgment accordingly. (McKeever v. Locke-Paddon Co., 49 Cal. App. 350 [ 193 Pac. 258 ].) Thereafter the trial court adopted the verdict of the jury, filed its decision containing its findings of fact and conclusions of law, and judgment was entered in accordance therewith. The defendant has again appealed from the judgment.

Appellant’s…

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