HUNTON ET AL v. CALIFORNIA PORTLAND CEMENT CO ET AL (1944)

District Court of Appeal, Fourth District, California.

HUNTON ET AL. v. CALIFORNIA PORTLAND CEMENT CO. ET AL.

Civ. 3315.

Decided: June 29, 1944

Gray, Cary, Ames & Driscoll and John M. Cranston, all of San Diego, for appellants. Nottbusch & Nottbusch, of San Diego, and Head, Wellington & Jacobs, of Santa Ana, for respondents.

The plaintiff and respondent having filed his written consent to a reduction of the amount of the judgment awarded him on the first cause of action, from $18,000 to $10,000, in accordance with our order of June 14, 1944 (64 Cal.App.2d 876, 149 P.2d 471):

It is ordered that: (1) With respect to the second cause of action the judgment is affirmed. (2) The judgment for damages on the first cause of action is reduced from $18,000 to $10,000, and as so reduced and modified, that part of the judgment is also affirmed. Neither party will recover costs on appeal.

PER CURIAM.

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