AUMONT v. NEBENZAL

Docket No. 18762.

111 Cal.App.2d 277 (1952)

244 P.2d 461

JEAN PIERRE AUMONT, as Administrator with the Will Annexed, etc., Respondent, v. SEYMOUR NEBENZAL, Appellant.

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

May 23, 1952.


Attorney(s) appearing for the Case

Fred Horowitz and Alvin F. Howard for Appellant.

Bautzer, Grant, Youngman & Silbert, Bernard M. Silbert and A. Fredric Leopold for Respondent.


McCOMB, J.

From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover damages for breach of a warranty agreement, defendant appeals.

Viewing the evidence in the light most favorable to plaintiff (respondent) and pursuant to the rules set forth in Davis v. Stulman, 72 Cal.App.2d 255, 262 [2] [164 P.2d 787] (Fox, J.), the record discloses the following facts:

Plaintiff's decedent, hereinafter...

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