Duff v. Fisher
California Supreme Court
Appeal from the Eighth District. Suit for specific performance of a contract for the sale of real and personal property, to wit: a mill and mill-site, and a steam tug. Plaintiff had judgment. Defendants appeal.
1Opinion of the CourtField, C. J.
Cope, J. and Baldwin, J. concurring.
*379This is a suit in equity, and when called for trial, issues involving the entire matters in controversy were framed by both parties, settled by the Court, and submitted without objection to a jury. These issues were all found in favor of the plaintiff, and upon his motion the decree was rendered thereon. No exception was taken to the findings, nor was any motion made to the Court to set them aside. The statement on appeal is a mere transcript of the evidence addressed to the jury, and upon this evidence the appellants insist the case must be determined,…
2Cases cited3 opinions
- Dewey v. BowmanCalifornia Supreme Court · 1857
- Walker v. SedgwickCalifornia Supreme Court · 1855
- Gray v. EatonCalifornia Supreme Court · 1855
3Cited by27 opinions
- Hutton v. ReedCalifornia Supreme Court · 1864
- Todd v. OrrSupreme Court of Oklahoma · 1914
- Hihn v. PeckCalifornia Supreme Court · 1866
- Senter v. DavisCalifornia Supreme Court · 1869
- Parkside Realty Co. v. MacDonaldCalifornia Supreme Court · 1913
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