Best

Best v. Toprahanian

Good Law
1923 Cal. App. LEXIS 435·62 Cal. App. 485·216 P. 977
Court of Appeal of CaliforniaJune 12, 1923Civ. No. 3818.California437 words

Opinion

Lead Opinion

Finlayson, J.

Plaintiffs, licensed real estate brokers, averring that they had been employed by defendant to find for him a purchaser of his real property, brought this action to recover their commission, alleging that they had found a buyer who was ready, willing, and able to purchase the property. Plaintiffs recovered judgment and defendant has appealed.

The case comes here upon a printed transcript which contains no copy of any bill of exceptions. No attempt has been made by appellant to avail himself of the alternative method of presenting a record on appeal by causing a typewritten transcript of the evidence to be brought up in lieu of a bill of exceptions, as he might have done under sections 953a-953c of the Code of Civil Procedure. The printed transcript, besides containing a copy of the judgment-roll, contains copies of certain documents which, on their face, would seem to be exhibits introduced in the court below during the trial of the action. At the end of the transcript is a stipulation, signed by counsel for the respective parties, stipulating that the transcript contains true copies of the judgment-roll and “plaintiffs’ and defendant’s exhibits.”

Appellant’s sole point is that…

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