Lewis v. Dean

This is a suit upon an alleged oral contract. The case was tried to the court and both parties have appealed.

The statute, Rem. & Bal. Code, § 1736 (P. C. 81 § 1225), puts the burden upon us of trying the case upon the facts de novo. It provides that:

*597“In actions legal or equitable, tried by tbe court below without a jury, wherein a statement of facts or bill of exceptions shall have been certified, the evidence of facts shown by such bill of exceptions or statement of facts shall be examined by the supreme court de novo, . . . and the cause shall be determined by the record on appeal . . .”

The…