Carter

On June 19, 1919, as a part of a real estate deal, the defendant transferred to the plaintiff two parcels of real property, together with a note for $12,000 executed by one J. B. Pilcher and secured by a second trust deed on another piece of land. On the first trial of this action, before Judge Wallace of Tulare County, the court found that the defendant had made certain false representations in connection with the value of the note referred to. Upon appeal the judgment was affirmed in all respects except one. It was held that an improper measure of damage had been applied and the case was referred back to the trial court with directions to take such testimony as might be necessary to establish the relative value of the properties at the time of the transfer and to report the same back to the Appellate Court. (Carter v. Turner, 90 Cal. App. 193 [ 265 Pac. 870 ].) Later, the provision for reporting the matter back to the Appellate Court was stricken out and the remittitur, as issued, directed the trial court “to take such testimony as may be necessary to establish the relative value of the properties at the time of the transfer”.

Judge Wallace having died in the meantime, further…