Chicago Clock Co. v. Tobin

Citations

• 123 Cal. 377
• 55 P. 1007
• 1899 Cal. LEXIS 1080

Syllabus

<p>Conditional Sale—Action eor Possession—Recovery op Money Paid —Presumption upon Appeal.—In an action to recover the possession of goods conditionally sold, the title having been reserved in the vendor until full payment made therefor, brought for alleged default in payment, where the defendant by cross-complaint sought to recover all the payments made, on the theory that the action proceeded in rescission of the contract of sale, and the court allowed only part thereof, as being the excess in value of the use and depreciation of the property, it must be presumed upon appeal, in the absence of findings and evidence from the record, that the court imposed upon the plaintiff, in favor of the defendants, all of the conditions which the facts before it would justify.</p> <p>Id.—Misnomer in Judgment—Clerical Misprision—Remedy by Motion. Where the pleadings and the judgment taken together show clearly who was intended to be bound by the judgment, a misnomer of one of the defendants in the body of the judgment, by transposition of the initial letters of his first and middle name, is manifestly a clerical misprision, which may be corrected at any time on motion in the superior court, and it is not ground for reversal of the judgment.</p>