Howard

This is an appeal from an order of the superior court in and for the city and county of San Francisco granting a new trial.

On the twenty-seventh day of August, 1887, the defendant made and executed an agreement in writing, of which the following is a copy:

From the facts thus found the court concluded, as matter of law: 1. That the title to the property was not marketable; 2. That plaintiff was entitled to recover from the defendant one thousand dollars and interest, for which sum judgment was entered.'

Defendant in due time moved for a new trial upon the ground of the insufficiency of the evidence to support the facts as found, errors of law occurring at the trial, etc., specifying the errors complained of.

The motion was supported by a statement, and, upon a hearing, the motion was granted and a new trial ordered, from which order, as before stated, plaintiff prosecutes this appeal.

*178 As before stated, the motion for a new trial was based upon various grounds, one of which was that the evidence failed to support the findings.

It is a cardinal doctrine of this court, the oft enunciation of which has rendered it monotonous, that where, upon a question of fact, the…