IMMERGLUCK v. READ

Docket No. 20063.

127 Cal.App.2d 371 (1954)

273 P.2d 940

FRED IMMERGLUCK et al., Respondents, v. EDWARD L. READ et al., Appellants.

Court of Appeals of California, Second District, Division Two.

September 13, 1954.


Attorney(s) appearing for the Case

James V. Brewer for Appellants.

Joseph T. Enright, Norman Elliott and J. Howard Sullivan for Respondents.


McCOMB, J.

From an order of the trial court granting a new trial on the issue of damages only, on the ground the evidence was insufficient to support the verdict, defendants appeal.

Facts: After trial before a jury a verdict was returned in favor of the plaintiffs in the sum of $1,500. Thereafter plaintiffs made a motion for a new trial, stating in their motion: "Said motion will not be made upon affidavits, but will be made upon the pleadings, files...

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