Paolini v. Sulprizio

Judgment was entered in this case in favor of the plaintiff for the balance due under an executory contract for the sale of real property. Defendant’s motion for a new trial being denied, he has appealed. The objection of the respondent to the consideration of the appeal, on the ground that the notice to the clerk to prepare a transcript was filed too late, is without merit. In a proceeding under section 473 of the Code of Civil Procedure, the defendant obtained an order from the trial court granting relief from his default.

Respondent sold a vineyard to the appellant at the agreed price of…