Bongiovanni

Bongiovanni v. Rackow

Caution
1963 Cal. App. LEXIS 2878·212 Cal. App. 2d 550·28 Cal. Rptr. 155
Court of Appeal of CaliforniaJanuary 31, 1963Civ. No. 26385California1,480 words

Opinion

Lead Opinion

Herndon, J.

Plaintiff appeals from a judgment denying him the relief sought by him in his complaint alleging fraud and deceit in connection with the sale of certain real property. The first 80 pages of the brief filed by appellant are devoted entirely to the statement of abstract principles of law and to the discussion of matters not embraced within the issues as framed by the pleadings or as stated in the pretrial order. The sole assignment of error reads as follows:

“From what has heretofore been said and without the necessity of repeating each and every point, the oral and documentary evidence conclusively establishes that as a matter of law from the cases cited and quoted from, judgment should have been in favor of the Plaintiff and against the Defendants. We do recognize the rule that in this assignment of error the Court will carefully read all of the evidence, oral and documentary and when the Court has done this, it will be apparent that; The following Findings of Fact and Conclusions of Law are unsupported by the evidence, and are contradictory, inconsistent and uncertain, and do not support the Judgment. (Andrew v. Cunningham, 105 Cal.App.2d 525 [ 233 P.2d 563 ].) Findings II, XI,…

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