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BANK OF AMERICA NAT'L TRUST AND SAV. ASS'N v. WESTERN CONSTRUCTORS, INC.

Docket No. 18563.

110 Cal.App.2d 166 (1952)

242 P.2d 365

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Plaintiff, v. WESTERN UNITED CONSTRUCTORS, INC. (a Corporation) et al., Defendants; NANDO MIGLIETTA et al., Appellants; GEORGE E. CHARLAN et al., Cross-Defendants and Respondents.

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

March 31, 1952.

Attorney(s) appearing for the Case

S.L. Kurland for Appellants.

Mitchell, Johnson & Bates, Elbert J. Sheffield, Anderson, McPharlin & Conners and Arthur E. White for Cross-Defendants and Respondents.

HANSON, J. pro tem.

The decisive question in this case is whether oral misrepresentations alleged to have been made by the cross-defendants for their own benefit and not that of a third person to induce the loan of money to such third person are or are not actionable in view of a statute of this state which provides that evidence with respect to oral misrepresentations as to the credit of a third person are not admissible in evidence.

The trial court sustained...

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