Batcher

Plaintiffs began this action to obtain a judgment against the defendant Hoeppner in the sum of $29,300, with interest thereon at the rate of seven per cent per annum from the twenty-second day of July, 1916. The defendant and cross-complainant had judgment herein and plaintiffs appeal. It appears from the pleadings in this action that prior to the twenty-second day of January, 1916, the plaintiffs were interested in certain mining properties situated in the county of Yuba, state of California, known as the B. A. Campbell, Reuben Clark, and Ida Ruff properties; that on or about the said twenty-second day of January, 1916, the plaintiff John H. Batcher, for and on behalf of himself and his coplaintiffs, made and entered into an agreement with the defendant E. A. Hoeppner concerning said properties, which agreement is in words and figures as follows, to wit: "This agreement made and entered into this 22nd day of January, 1916, by and between John H. Batcher of the City and County of San Francisco, State of California, *Page 387 the party of the first part, and E. A. Hoeppner, of the same place, the party of the second part; "Witnesseth: That for and in consideration of the…

In denying the application for transfer and decision by this court after judgment by the district court of appeal we express no opinion upon the question of the finality or conclusiveness of the so-called "interlocutory judgment." The determination of that question was not necessary to the decision affirming the judgment appealed from. Assuming that the first judgment was not final or conclusive and that the questions discussed by counsel herein were available to the appellants upon this appeal from the later judgment, we are satisfied with the reasoning and conclusion of the district court of appeal affirming the same.