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SCHUBERT v. REICH

Docket No. L.A. 21463.

36 Cal.2d 298 (1950)

223 P.2d 242

FRANK H. SCHUBERT, Respondent, v. ANDREW REICH, Appellant.

Supreme Court of California. In Bank.

October 31, 1950.

Attorney(s) appearing for the Case

Clyde Thomas for Appellant.

David S. Smith for Respondent.

CARTER, J.

Plaintiff commenced an action with respect to a contract under which defendant was to grade and process dates owned by plaintiff. Defendant answered and cross-complained for compensation for grading work, and obtained a judgment for $7,287.16, and a declaration that he had a lien on the dates as security. Plaintiff's motion for a new trial on the ground of accident and surprise was granted "on the condition that...

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