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Schmidt v. Yoakum

39 Cal. App. 790 Court Second Appellate District, Division One. Decision date 1918-12-09 Docket Civ. No. 2596; Civ. No. 2597 English

Delivered by CONREY, P. J.

Contents

Majority

p. 790
[Civ. No. 2596.
Second Appellate District, Division One.
December 9, 1918.]
GILBERT SCHMIDT, Appellant, v. JOHN E. YOAKUM, Respondent. GILBERT SCHMIDT, Appellant, v. JOHN E. YOAKUM COMPANY (a Corporation), Respondent.
[Civ. No. 2597.

Headnote

[1] Street Law—Vrooman Act—Signing op Contract—Time.—Orders granting new trials affirmed on the authority of Schmidt v. Santa Monica Comm-ereial Co., ante, p. 785.
APPEALS from orders of the Superior Court of Los Angeles County granting new trials. Lewis R. Works, Judge. Affirmed.
The facts are similar to those stated in the opinion in Schmidt v. Santa, Monica Commercial Co., ante, p. 785, [ 178 Pac. 315 ].
Crouch & Crouch for Appellant.
Jones & Weller for Respondent.

In each of these eases the plaintiff appeals from an order granting a motion for a new trial. The only questions presented for determination are included among those considered by this court in Schmidt v. Santa Monica Commercial Co., ante, p. 785, [ 178 Pac. 315 ], in which the decision of the court has been this day filed. [1] On the authority of that decision, the orders granting the motions for new trial in the above-entitled actions numbered 2596 and 2597 are and each of them is affirmed.

James, J., and Myers, J., pro tern., concurred.

p. 791
A petition to have the causes heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on February 6, 1919.

All the Justices concurred.