Berning

The plaintiffs brought this action to recover damages for deceit alleged to have been practiced upon them by the defendants in the matter of an executory contract for the sale of land. The court awarded the plaintiffs the sum of $200 compensatory damages and $500 exemplary damages and judgment was thereupon entered in favor of the plaintiffs in the sum of $700. In due time the defendants made a motion under the provisions of section 663 of the Code of Civil Procedure to vacate said judgment, amend the conclusions of law on the ground that they were not consistent with nor supported by the findings of fact, and, as amended, to enter a judgment in favor of the defendants. The court granted the motion to set aside the judgment, amended its conclusions of law by giving defendants a credit of $300 due them on the purchase price of the land and entered a judgment in favor of the plaintiffs in the sum of $400. The defendants appeal therefrom.

It is contended by appellants that in deciding a motion made in conformity with section 663, supra, the court’s power is limited to either granting or denying the motion, that is, the court must either grant or deny the motion in toto. No…