GOLDENBERG v. MERRITT

Docket No. 18592.

109 Cal.App.2d 299 (1952)

240 P.2d 726

ROY J. GOLDENBERG, Respondent, v. HULETT C. MERRITT, Appellant.

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

February 18, 1952.


Attorney(s) appearing for the Case

Derthick & Cusack and William J. Cusack for Appellant.

Desser, Rau, Christensen & Hoffman and William Christensen for Respondent.


DORAN, J.

This is an appeal from an order granting appellant a new trial to the extent that the order limits the new trial to the taking of the testimony of one witness only.

It appears that the respondent brought suit against appellant for the sum of $2,187, the purchase price of merchandise purchased by appellant. Appellant admitted the purchase but denied any indebtedness, alleging a counterclaim of $8,986.98 based upon an oral contract that if appellant...

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