Behlow
San Gabriel Wine Co. v. Behlow
Opinion
Lead Opinion
Sharpstein, J.
This appeal is from an order denying appellant’s motion for a new trial in an action brought to recover the sum of five hundred dollars, alleged to be due for the balance of the purchase price of a tract of land sold by plaintiff to defendants for the sum of four thousand five hundred dollars, upon which the sum of four thousand dollars was paid, and for a decree foreclosing a vendor’s lien. The plaintiff alleged that the defendants agreed to pay four thousand five hundred dollars for the land, of which four thousand dollars was paid, and a conveyance of the premises was executed by plaintiff to the defendants upon a promise of defendants to pay five hundred dollars more. Defendants deny that they ever agreed to pay more than four thousand dollars for said land. This, with some other issues, was submitted to a jury, which found against the plaintiff and in favor of defendants thereon. The grounds of plaintiff’s motion for a new trial are, that the *111 evidence is insufficient to justify the verdict of the jury or findings of the court, and that the decision is against law, and errors occurring at the trial and excepted to by plaintiff. ■ But the ground mainly relied on is…