PEEK, J.
On a former appeal this court confirmed an order of the Superior Court of Napa County conditionally granting the motion of defendant Basalt Rock Company for a new trial. (See Hurt v. Basalt Rock Co., 84 Cal.App.2d 81 [190 P.2d 240].) The present appeal is a sequel to the former, presenting issues arising out of events transpiring subsequent to our decision in the former appeal and in particular from an order of the trial court vacating a judgment...
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