White v. Bello

(Pro Tempore).

This is an action to recover damages for breach of an oral agreement or agreements to reconvey real property. The cause was tried before the court without a jury. The trial judge by letter to counsel announced her decision as follows:

"It is the finding of the Court that plaintiffs have failed to establish their claim for damages. Defendants may take judgment and recover their costs.”

A judgment was thereafter entered on behalf of the defendants from which plaintiffs appeal, assigning as error that the finding of the trial court is not supported by substantial evidence.

Since this…