California Supreme Court October 20, 1910, S.F. No. 5295. (Browning v. McNear)

HENSHAW, J.

This is a second appeal after the second trial. The decision of this court upon the former appeal is reported in 145 Cal. 272, [78 Pac. 722]. The pleadings are the same. The findings of the court declare an executed sale upon October 9, 1899, without any warranty express or implied, and declare also that the sale was not by sample.