gno.law

McPherson v. Eberhard Tanning Co.

California Court of Appeal · Civ. No. 1819. · 1916-04-25 · Published · 158 P. 1197 · 30 Cal. App. 289 · 1916 Cal. App. LEXIS 43

Rose J. McPherson v. Eberhard Tanning Company

Proceeding
appeal from a judgment
Trial court
Superior Court of Santa Clara County
Trial judge
J. R. Welch
Outcome
affirmed — the judgment is affirmed, the appellant to recover its costs of this appeal.
Area
civil
Panel
The Court. &#8212 (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

The court is of the opinion that the evidence sustains the finding of the trial court with respect to the exercise of the option to purchase the land; and the court is also of the opinion that the finding of the trial court that the interest should be computed up to the time of the tender only is justified and sustained by the evidence. It is conceded by counsel for the respondent that the judgment should be modified so as to provide for a personal judgment against J. C. McPherson for the sum of $805, with interest up to the time of the tender.

The judgment is therefore modified so as to provide for a personal judgment against said J. C. McPherson for the sum of $805, with interest up to the time of the tender, and the trial court is hereby directed to so modify the same; in all other respects the judgment is affirmed, the appellant to recover its costs of this appeal.