Condee v. Barton

California Supreme Court

Condee v. Barton

62 Cal. 1, 1882 Cal. LEXIS 684

CourtCalifornia Supreme Court

DecidedNovember 6, 1882

DocketNo. 8,668

StatusPublished

Cited by16 cases

This text of 62 Cal. 1 (Condee v. Barton) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Condee v. Barton, 62 Cal. 1, 1882 Cal. LEXIS 684 (Cal. 1882).

Pincite

Opinion

The Court:

We know of no principle that would estop the plaintiffs from claiming their commission, because the “ memorandum of agreement” describes the defendant as owner of the property to be sold.

We can see no objection to the practice of changing the conclusions of law, based upon the finding of facts at any time before judgment is entered. The declaration of the general conclusion of law from the facts found, is the rendition of the judgment in so far, as that, when entered, the [6]*6judgment entered may relate to such rendition for certain purposes. But this does not make the conclusions of law first announced final and beyond the reach of the Court. There is no judgment which is final until a judgment is recorded.

Judgment and order affirmed.

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The Court:

We know of no principle that would estop the plaintiffs from claiming their commission, because the “ memorandum of agreement” describes the defendant as owner of the property to be sold.

We can see no objection to the practice of changing the conclusions of law, based upon the finding of facts at any time before judgment is entered. The declaration of the general conclusion of law from the facts found, is the rendition of the judgment in so far, as that, when entered, the [6]*6judgment entered may relate to such rendition for certain purposes. But this does not make the conclusions of law first announced final and beyond the reach of the Court. There is no judgment which is final until a judgment is recorded.

Judgment and order affirmed.

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Bluebook (online)

62 Cal. 1, 1882 Cal. LEXIS 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/condee-v-barton-cal-1882.

Opinion

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