Shanklin v. Hall

Citations

• 100 Cal. 26
• 34 P. 636
• 1893 Cal. LEXIS 743

Syllabus

<p>New Trial—“ Decision Against Law”—Erroneous Conclusions op Law—Appeal.—An error of the trial court in rendering conclusions of law which are not supported by the findings is an error which should be reviewed by a direct appeal from the judgment and is not a “ decision against law” for which a new trial should be granted.</p> <p>Id.—Error op Law Occurring at Trial—Review op Order Granting New Trial.—If an order granting a new trial upon the ground that the “ decision is against law” can be justified upon the ground of error in law occurring during the progress of the trial the order should be affirmed.</p> <p>Id.—Grounds Assigned por Correct Orders Not Material.—The moving party cannot be deprived of his right to a new trial merely because the grounds upon which the order granting it was made are not sound, if he is entitled to it on other grounds appearing in the record upon appeal from such order.</p> <p>Id.—Broker’s Commission—Statute op Erauds—Parol Evidence— Error op Law.—A contract whereby it is agreed that one of the parties shall use his knowledge and influence on behalf of and render his services to the other party to enable the latter to sell or exchange lands, for which the former is to be paid an agreed sum of money as soon as the sale or exchange is effected, is “an agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission” within the meaning of section 1624 of the Civil Code, requiring all such contracts to be in writing in order to be valid, and the admission in evidence of such oral contract, against proper objection thereto, in an action to recover for the services, is an error of law justifying an order granting a new trial, though granted upon other grounds not tenable.</p>