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CARTER v. SEABOARD FINANCE CO.

Docket No. L.A. 20189.

33 Cal.2d 564 (1949)

203 P.2d 758

AUSTIN CARTER, Appellant, v. SEABOARD FINANCE COMPANY (a Corporation), Respondent.

Supreme Court of California. In Bank.

March 11, 1949.

Attorney(s) appearing for the Case

A.W. Brunton and Lauren M. Handley for Appellant.

Ralph C. Dills and James G. Butler as Amici Curiae on behalf of Appellant.

Bromley, Ritter & Lindersmith and H.E. Lindersmith for Respondent.

O'Melveny & Myers, Louis W. Myers, Sheppard, Mullin, Richter & Balthis, George R. Richter, Jr., and Brobeck, Phleger & Harrison as Amici Curiae on behalf of Respondent.

Fred N. Howser, Attorney General, Edward Summer and B. Abbott Goldberg, Deputy Attorneys General, Cross & Brandt, R.H. Cross, Francis L. Cross, David B. Gideon, Robert C. Hayes, Alex Sherriffs, Robert E. Stone and Alfred F. Breslauer as Amici Curiae.

SHENK, J.

This is an appeal by the plaintiff from a judgment for the defendant on three causes of action attacking the validity of a transaction for the purchase of two trucks and two trailers.

In 1946, the plaintiff and a former business associate Spurgeon decided to engage in the trucking business. The plaintiff negotiated with Brace, local truck manager for the defendant finance company. On March 11, 1946, he entered into the transaction with the defendant...

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