Watson v. Anderson

BEASLY, J., pro term.

This is an action in which the plaintiffs recovered a judgment against the defendant for the failure of the latter to erect a building in a workmanlike manner in accordance with his contract so to do. Defendant appeals.

The first point made by the appellant is that his demurrer should have been sustained, but as the order made on demurrer does not appear in the transcript, the demurrer must be held to have been waived. (Code Civ. Proc., sec. 670, Silcox v. Lang, 78 Cal. 118, [20 Pac. 297].)

A number of findings made by the trial court are attacked on this appeal as…