San Gabriel Wine Co. v. Behlow
San Gabriel Wine Co. v. Behlow
Opinion of the Court
This appeal is from an order denying appellant’s motion for a new trial in an action brought to recover the sum of five hundred dollars, alleged to be due for the balance of the purchase price of a tract of land sold by plaintiff to defendants for the sum of four thousand five hundred dollars, upon which the sum of four thousand dollars was paid, and for a decree foreclosing a vendor’s lien. The plaintiff alleged that the defendants agreed to pay four thousand five hundred dollars for the land, of which four thousand dollars was paid, and a conveyance of the premises was executed by plaintiff to the defendants upon a promise of defendants to pay five hundred dollars more. Defendants deny that they ever agreed to pay more than four thousand dollars for said land. This, with some other issues, was submitted to a jury, which found against the plaintiff and in favor of defendants thereon. The grounds of plaintiff’s motion for a new trial are, that the
Order affirmed.
Harrison, J., McFarland, J., De Haven, J,, GÁroutte, J., and Paterson, J., concurred.
Reference
- Full Case Name
- SAN GABRIEL WINE COMPANY v. WILLIAM BEHLOW
- Status
- Published
- Syllabus
- Practice—New Trial — Conflict of Evidence. — Where the evidence is conflicting, the supreme court will not order a new trial on the ground that the evidence is insufficient to justify the verdict or the findings.