Hammond v. Cailleaud

Citations

• 6 Cal. Unrep. 412
• 60 P. 523
• 1900 Cal. LEXIS 1081

Syllabus

<p>Partition Sale.—V/liere in an Action to Charge Defendant for the difference between the price bid for land by him at a partition sale and the price obtained on a resale after his refusal to accept the land, he introduced evidence which would have sustained a finding that there had been a material variance between the terms of the sales, and, after finding to the contrary, the trial court ordered a new trial generally, such order will not be reversed on appeal, since it nowhere appeared that it was not granted because such finding was contrary to the evidence.</p> <p>Partition Sale.—Though the Recitals of a Referee’s Receipt given for a sale of land at public auction on partition are not conclusive of the terms and conditions of such sale in an action against the purchaser to recover the difference between the price bid by him and the price at which the property was subsequently sold on his refusal to complete the purchase, they are admissible as tending to show the true terms and conditions thereof.</p>