Condee v. Barton

Decided November 6, 1882

California Supreme Court · decided 1882-11-06

<p>Change of Conclusions of Law before Entry of Judgment.—The declaration of the general conclusion of law from the facts found is the rendition of the judgment in so far that when entered the judgment 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 so as to preclude the Court from changing the conclusions of law at any time before the judgment is entered.</p> <p>Judgment, When Einal.—A judgment is not final until it is recorded. Beal Estate Broker—Commissions—Estoppel.—A real estate broker is not estopped from claiming his commissions because the memorandum of agreement between himself and the defendant describes the defendant as owner of the property to be sold.</p>

Key passage — most relied on by later courts

““There is no judgment which is final until a judgment is recorded.””

quoted by 1 later decision, including State ex rel. Brown v. Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1882-11-06

How this case has been cited

Cited by 19 later decisions — most recently October 1969

19 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

The Court:

¶1We 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.

¶2We 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 *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.

¶3Judgment and order affirmed.