Patent Brick Co. v. Moore

Citations

• 75 Cal. 205
• 16 P. 890
• 1888 Cal. LEXIS 509

Syllabus

<p>Hew Trial—Insufficiency oe Evidence to Support Decision — Statement must Specify Particulars.—Where a motion for a new trial is made on the ground of the insufficiency of the evidence to justify the decision, and the statement of the case contains no specifications of the particulars wherein the evidence is claimed to he insufficient, the court, on the hearing of the motion, must disregard the statement as to that ground for a new trial.</p> <p>Id. —Absence of Exceptions—Decision against Law. —Where the statement of the case shows that no exceptions were taken during the trial to any act of the court, a motion for a new trial on the ground that the decision is against law is properly denied.</p> <p>Id.—Mechanic’s Lien—Sureties on Bond of Contractor—Findings — Estoppel in Pais. — The action was brought to foreclose a mechanic’s lien, and judgment was rendered in favor of the plaintiffs. The statement on motion for a new trial showed that a certain bond, executed by the plaintiffs as sureties for the contractor, and introduced in evidence without objection, contained a stipulation that the building should he delivered over to the owner free of all liens. The findings contained nothing showing that any such clause was in the bond, and no issue was made by the pleading as to the bond operating as an estoppel. Held, that as the statement contained no specification as to the particulars in which the evidence was insufficient to justify the decision, such clause in the bond could not be held as operating as an equitable estoppel in pais to prevent the plaintiffs from foreclosing their lien.</p> <p>Id. — Liquidated Damages — Delay in Completing Building—Evidence. — A stipulation by the contractor in a building contract to pay the owner a specified amount as liquidated damages for each day’s delay in completing the building is not sufficient of itself, in the absence of other evidence showing the impracticability or extreme difficulty of fixing the actual damage caused by