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GSCHWEND v. STOLL

Docket No. 7961.

104 Cal.App.2d 806 (1951)

232 P.2d 494

ELLIS G. GSCHWEND et al., Respondents, v. H.L. STOLL et al., Appellants.

Court of Appeals of California, Third District.

June 18, 1951.

Attorney(s) appearing for the Case

Spurr & Brunner and John Lawrence for Appellants.

Mannon Brazier for Respondents.

SCHOTTKY, J. pro tem.

Plaintiffs and respondents brought this action against defendants and appellants to recover the sum of $1,308.81. The complaint contained two common counts: (1) "That within two years last past defendants became indebted to plaintiffs in the agreed sum of $7,258.05 for lumber, logs and lumbering materials sold and delivered," and "that only $5,949.24 has been paid"; and (2) "That within two years last past the defendants became indebted to plaintiffs...

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