Gallagher v. California Pacific Title & Trust Co.

THE COURT.

In this cause there are two appeals, taken by the defendant—one from an order denying its motion for judgment notwithstanding the verdict, and the other from the judgment. They were taken separately, but by stipulation and order they have been submitted upon one transcript and a single set of briefs.

*485On its appeal from the order it is urged by appellant that its motion ought to have been granted because plaintiff’s cause of action was barred by the two-year provision of the statute of limitations (Code Civ. Proc., sec. 339, subd. 1) as being one not founded upon an instrument of…