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SUNRISE PRODUCE CO. INC. v. MALOVICH

Docket No. 14433.

101 Cal.App.2d 520 (1950)

225 P.2d 973

SUNRISE PRODUCE COMPANY, INC. OF SAN FRANCISCO (a Corporation), Respondent, v. CHARLES MALOVICH, Appellant.

Court of Appeals of California, First District, Division One.

December 29, 1950.

Attorney(s) appearing for the Case

Calvin H. Conron, Jr., for Appellant.

Elios P. Anderlini and Herbert Chamberlin for Respondent.

BRAY, J.

Defendant appeals from a judgment on the pleadings in favor of plaintiff.

QUESTION PRESENTED

May a claim barred by the statute of limitations at the time plaintiff's action is filed, nevertheless be pleaded as a counterclaim?

RECORD

Plaintiff filed suit on common counts for the sum of $3,850, for goods, wares and merchandise sold and delivered to defendant. Defendant answered, admitting the allegations of the complaint...

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