Garteiz v. Garteiz

OPINION

By the Court,

Eather, C. J.:

Plaintiff appeals from a judgment for defendants and from an order denying his motion for a new trial. The parties will be referred to as they appeared in the district court. The action was tried without a jury and on July 7, 1952 judgment was rendered in favor of defendants. The parties stipulated to waive oral argument and to submit the appeal on briefs, and it was so ordered.

The facts are not in dispute. In so far as it is necessary to state them for the purpose of presenting the law question involved, they are as follows:

On October 9, 1941, the plaintiff,…