Bird v. Potter

COOPER, C.

This action was brought to enforce specific performance of a written contract for the sale of real estate. The court filed findings upon which judgment was entered for plaintiff. Defendant made a motion for a new trial, which was denied, and now prosecutes this appeal from the order denying his motion. He claims that the evidence is insufficient to justify the judgment and decision, and that certain errors of law occurred during the trial to his prejudice.

The contract upon which the action depends is as follows:—

“Los Angeles, Cal., May 16, 1902.

“Received of Samuel M. Bird five…