Opinion
L.A. No. 1805.
May 13, 1907.
APPEAL from a judgment of the Superior Court of San Diego County. E.S. Torrence, Judge.
The facts are stated in the opinion of the court, and in the opinion in San Diego Realty Company v. Cornell, 150 Cal. 637.
Cassius Carter, District Attorney, and Albert Schoonover, for Appellants.
Collier, Smith Holcomb, for Respondent.
This case is in all respects identical with that of San Diego Realty Co. v. Cornell, L.A. No. 1709, decided March 8, 1907, 150 Cal. 637, [ 89 P. 603]. There was the same tender of the amount due, the same refusal to accept and an offer by plaintiff to pay the amount found justly due. The court's findings were in accordance with the complaint, but in its decree (seemingly doubting its power to accept the tender, as was done in L.A. No. 1709), it decreed an injunction and a reassessment of the property. It should have granted the relief plaintiff prayed for upon payment of the amount which it found to be justly due. As this may be done upon the findings actually made, there is no occasion for a reversal of the judgment, and it is ordered that the judgment be modified in this respect.
McFarland, J., and Lorigan, J., concurred.