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KELLEY v. UPSHAW

Docket No. L.A. 22187.

39 Cal.2d 179 (1952)

246 P.2d 23

ALEXANDER R. KELLEY, Respondent, v. WILLIAM A. UPSHAW et al., Defendants; CODY W. HOWARTH, Appellant.

Supreme Court of California. In Bank.

July 7, 1952.

Attorney(s) appearing for the Case

John M. Davenport for Appellant.

Sampson & Dryden and Jacob Swartz for Respondent.

EDMONDS, J.

Alexander R. Kelley loaned William A. and Othelia A. Upshaw $17,900. Thereafter, he entered into an agreement executed by the Upshaws and Cody W. Howarth which conditionally reduced the amount of the indebtedness and extended the time of payment. The appeal of Howarth presents for consideration questions concerning the rights of the respective parties under the extension agreement.

The complaint charged that in 1947, the Upshaws and Howarth jointly...

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