MacDonald

The case out of which these two appeals arose was before this court upon a previous trial and appeal (Macdonald v. De Fremery et al., 168 Cal. 189 , [ 142 Pac. 73 ].) The judgment of the court upon the first trial of the cause was therein reversed, whereupon the cause was retried and a judgment rendered in favor of the plaintiff, -from which these two appeals were taken to this court; and the cause having been transferred to the district court of appeal, both appeals were therein heard together and a decision rendered wherein the judgment, in so far as it was assailed by the defendants upon their appeal, was affirmed, while as to the appeal prosecuted by the plaintiff the judgment was reversed and the caiise remanded to the trial court, with directions to enter judgment in plaintiff’s favor for a much larger sum than the trial court had awarded him. Upon the defendants’ petition for a rehearing the cause was transferred to this court for decision. The facts of the case, in so far as they were developed at the first trial thereof, are fully and correctly set forth in our decision upon the former appeal (Macdonald v. De Fremery et al., supra) and need not be restated here; and the…