ROONEY v. VERMONT INVESTMENT CORP.

Docket No. L.A. 30088.

10 Cal.3d 351 (1973)

515 P.2d 297

110 Cal. Rptr. 353

PETER ROONEY et al., Plaintiffs and Respondents, v. VERMONT INVESTMENT CORPORATION et al., Defendants and Appellants.

Supreme Court of California. In Bank.

November 2, 1973.


Attorney(s) appearing for the Case

COUNSEL

Lawson M. Brown for Defendants and Appellants.

Lipsig, Rosenfield, Temlin & Leff and Robert G. Leff for Plaintiffs and Respondents.

John D. Maharg, County Counsel, and Robert C. Lynch, Deputy County Counsel, as Amici Curiae on behalf of Plaintiffs and Respondents.


OPINION

WRIGHT, C.J.

Defendants appeal from a judgment and an order denying a motion to set aside that judgment. The validity of the judgment is challenged on the ground that the commissioner of the superior court who signed it did not have authority to do so and in any event erred in rendering it.

Plaintiffs sued on a promissory note received as partial consideration upon the purchase by defendants of a night club business...

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