Patterson

Patterson v. De Haven

Good Law
1928 Cal. App. LEXIS 329·88 Cal. App. 418·263 P. 568
Court of Appeal of CaliforniaJanuary 19, 1928Docket No. 3338.California4,467 words

Opinion

lead Opinion

Plummer, J.

Plaintiff had judgment against the defendant in the sum of $1,000 alleged to be due the plaintiff from the defendant for and on behalf of commissions earned in the sale of a certain band of sheep belonging to G. C. Long and his brother, J. R. Long. From this judgment the defendant appeals.

The complaint is in three counts. Judgment went for the plaintiff upon the first count, and as the findings of the court are simply general and to the effect that all the of the first count of plaintiff’s complaint are true and correct, it is necessary to set forth the same, which we do, as follows:

No testimony was introduced in relation to counts 2 and 3, and no findings were made thereon. Upon the conclusion of plaintiff’s case the defendant moved for a nonsuit, which was denied. Defendant also interposed a motion for a new trial after the rendition of judgment herein, which motion was also denied. This appeal raises questions as to the correctness of the ruling of the trial court upon the defendant’s motion for a nonsuit; also, on the motion for new trial and the sufficiency of the testimony to support the findings of the court. The point is also made that the findings and judgment are…

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