FRANCK v. J.J. SUGARMAN-RUDOLPH CO.

Docket No. L.A. 22369.

40 Cal.2d 81 (1952)

251 P.2d 949

GEORGE T. FRANCK et al., Respondents, v. THE J.J. SUGARMAN-RUDOLPH COMPANY (a Partnership) et al., Defendants; J.J. SUGARMAN et al., Appellants.

Supreme Court of California. In Bank.

December 19, 1952.


Attorney(s) appearing for the Case

Knight, Gitelson, Ashton & Habenbaugh, Alfred Gitelson and Leon Savitch for Appellants.

John W. Preston and John W. Preston, Jr., for Respondents.


CARTER, J.

Plaintiffs commenced an action for money had and received in the sum of over $65,000. Defendants, a partnership hereafter referred to as defendant, and the partners, answered raising general issues and also counterclaimed and asserted affirmative defenses for over $98,000, and raised the defense of the statute of limitations (Code Civ. Proc., §§ 339[1], 337[1], 338[4], 343).

The judgment from which defendant appeals awarded plaintiffs...

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