Petroleum Midway Co. v. Zahn

In Petroleum Midway Co. v. Zahn (1944) 62 Cal. App. 2d 645, the parties stipulated to "'the Court appointing a disinterested person as the Court's appraiser for the purpose of appraising and giving the fair market value of the property in question,'" and to the entry of judgment for the difference between "'the fair market value as determined by the Court upon said appraisal and the sum of $ 11,000.00 . . . .'" (Id. at p. 647.) The Court of Appeal determined that the stipulation resolved all issues other than the market value of the property, which would be determined by the court; the conclusion of the appraiser was determined "not to be binding upon the court." (Id. at p. 650.)