Security Discount Associates, Inc. v. Weissbaum

Appellant consented to a trial by the court without a jury in which legal and equitable relief was sought. After seven full days of trial, the court denied equitable relief but granted an interlocutory judgment in plaintiff’s favor and in favor of defendant-respondent for breach of contract, and ordered a reference to hear and report on the question of damages. Appel*921lant’s contention that, since there was in fact no basis for equitable relief, he was deprived of his constitutional right to a trial by jury is without merit. At the outset of the trial he could have applied for an order to frame…