Mitchell v. Matheson

The opinion of the court was delivered by

White, J.

This is an appeal from an order granting a new trial. The action was begun to recover possession of certain real property and for damages. At the trial it ivas stipulated that respondents had yielded possession of the premises, and the damages was the only issue. The respondents were lessees in possession, under a lease providing for vacation of the premises in case of a sale thereof. The appellants were purchasers of the premises and assignees of the lease. The jury signed special findings, and a general verdict for appellants for $100. The…