Condee v. Barton
California Supreme Court
Appeal by defendant from judgment of the Superior Court of the County of San Bernardino, and from an order vacating and setting aside the decision and conclusions of law in favor of defendant and thereupon deciding and filing conclusions of law in favor of plaintiffs. Rolfe, J. Action on contract. The complaint set forth the execution of an agreement in writing, its performance by plaintiff, and a breach thereof by defendant.
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Appeal by defendant from judgment of the Superior Court of the County of San Bernardino, and from an order vacating and setting aside the decision and conclusions of law in favor of defendant and thereupon deciding and filing conclusions of law in favor of plaintiffs. Rolfe, J. Action on contract. The complaint set forth the execution of an agreement in writing, its performance by plaintiff, and a breach thereof by defendant. The agreement was as follows: “ Memorandum of agreement made and entered into this twenty-eighth of January, A. D. 1882, by and between EL M. Barton of the first part…
1Opinion of the Court
The Court:
We know of no principle that would estop the plaintiffs from claiming their commission, because the “ memorandum of agreement” describes the defendant as owner of the property to be sold.
We can see no objection to the practice of changing the conclusions of law, based upon the finding of facts at any time before judgment is entered. The declaration of the general conclusion of law from the facts found, is the rendition of the judgment in so far, as that, when entered, the *6judgment entered may relate to such rendition for certain purposes. But this does not make the conclusions of…
2Cited by16 opinions
- Crim v. KessingCalifornia Supreme Court · 1891
- Brownell v. Superior Court of Yolo Cty.California Supreme Court · 1910
- In re the Estate of CookCalifornia Supreme Court · 1888
- Broder v. ConklinCalifornia Supreme Court · 1893
- O'Brien v. O'BrienCalifornia Supreme Court · 1889
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