Pitino-Capasso Fruit Co. v. Hillside Packing Co.

BUCK (G. F.), J., pro tem.

This is an action by a vendee against his vendor to recover damages alleged to have been sustained for a breach of an alleged contract of sale. Defendant had judgment and plaintiff appeals from the judgment and also from the order denying plaintiff’s motion to vacate the judgment under the provisions of section 663 of the Code of Civil Procedure.

Respondent urges in his reply brief a preliminary objection to the hearing of these appeals upon the ground that this court has acquired no jurisdiction to consider them. To this contention appellant makes no reply either by…