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FRAENKEL v. BANK OF AMERICA

Docket No. S.F. 18745.

40 Cal.2d 845 (1953)

256 P.2d 569

CARL M. FRAENKEL, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Executor, etc., Respondent.

Supreme Court of California. In Bank.

May 1, 1953.

Attorney(s) appearing for the Case

Jack Flinn and Carroll F. Jacoby for Appellant.

John W. Hutton for Respondent.

C. Ray Robinson and William B. Boone as Amici Curiae on behalf of Respondent.

SPENCE, J.

Plaintiff sought to recover the unpaid balance allegedly due for the construction of a grain elevator for Gordon F. Williamson, who was the original defendant but who died during the pendency of this appeal. Although his representative has been substituted, said Gordon F. Williamson will be referred to as defendant herein. The trial court gave judgment for defendant after sustaining a demurrer to the complaint...

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