Henderson v. Oakes Waterman, Builders

DESMOND, J., pro tem.

This is an appeal from a judgment which the trial court refused to vacate in passing upon appellant’s motion directed to that end as well as to the entry of another and different judgment, as provided by section 663 of the Code of Civil Procedure. An appeal is also taken from the order denying the motion to vacate.

Approximately seven days were required to try this ease without a jury, but we have no transcript of the testimony before us, and must rely therefore upon the clerk’s transcript, including the pleadings, findings, conclusions and judgment. It appears that on…