McCOMB, J.
From an order denying defendant's motion for a new trial, after being convicted on two counts of grand theft by the court, sitting without a jury, defendant appeals. There is also a purported appeal from the "judgment."
Facts: On June 28, 1951, a contract was entered into between Evelyn Cozen, Don Cozen, Ann Temkin, Al Temkin and defendant. This contract, which contemplated the building
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