Warren Southwest, Inc. v. Wicks

26, 1967, reading, “Motion for new and different judgment granted. Motion for new trial denied. Counsel notified this date, by copies of Memo filed this date” to be construed as an order made under section 663 or section 662 of the Code of Civil Procedure? We have concluded for the reasons set forth below that it should be deemed to be an order made under section 662 and that the judgment and order appealed from should be affirmed.

I

Plaintiff, Warren Southwest, Inc., brought an action to recover the value of a tandem-roller, which defendant, C. H. Wicks, had rented from plaintiff and which was…