Barnhart

This is an appeal by plaintiff from an order denying him a new trial. He had also taken an appeal from the judgment, and on that appeal the judgment was by this court affirmed. ( 90 Cal. 157 .) There had also been an earlier judgment in the trial court in favor of plaintiff; and on appeal by defendant from that judgment, and from an order denying a new trial, it was reversed and a new trial ordered. (Barnhart V. Fulkerth, 73 Cal. 526 .) Upon those two appeals the main questions in the case were decided against the contention of plaintiff. In the last appeal from the judgment, it was definitely determined as the law of the case that the findings supported the judgment. The only questions arising upon this present appeal from the order denying a new trial appertain to the sufficiency of the evidence to justify the findings and rulings of the court as to the admissibility of evidence. The evidence as to the main issues of fact is voluminous and somewhat conflicting, and it would be a useless labor to review it here in detail. It is sufficient to say that .there is no reason for disturbing the findings of fact made by the trial court, upon the ground that they are not warranted by the…