Crocker v. Garland

Citations

• 7 Cal. Unrep. 275
• 87 P. 209
• 1906 Cal. App. LEXIS 346

Syllabus

<p>Broker—Fraud in Sale.—Where, in an Action Against a Broker for fraud in the sale of plaintiff’s land, the findings, which were in favor of the defendant, were either in express conflict with the allegations of defendant’s answer or were in conflict with the testimony, and there was also evidence opposed to the general finding, it was proper for the court to grant plaintiff a new trial.1</p> <p>Appeal—New Trial.—The Discretion of the Trial Court in Granting a new trial for insufficiency of the evidence will not be disturbed, except in cases of manifest abuse.</p> <p>Pleading—Variance.—Where an Objection to the Sufficiency of the complaint to entitle plaintiffs to the profit made by defendant on a sale of certain property presented at most a mere question of variance, the court was authorized to disregard the same by Code of Civil Procedure, section 469.</p>