Hartzell v. Myall

JONES, J. pro tem.

This appeal is from a judgment entered upon the verdict of a jury awarding respondents both punitive and compensatory damages. The action involves an allegedly fraudulent sale of a furnished boarding house located at 608 27th Street in the city of Oakland. The appeal is also from the order denying appellant’s motion for a new trial, but since such an order is nonappealable, the purported appeal therefrom should be dismissed. (Code Civ. Proc., § 963; 2 Cal.Jur. § 34, p. 173; Roberts v. Brae, 5 Cal.2d 356 [54 P.2d 698].)

Respondents are husband and wife. Mrs. Hartzell was…