ALBAUGH v. MOSS CONSTRUCTION CO.

Docket No. 19895.

125 Cal.App.2d 126 (1954)

269 P.2d 936

WILLIS T. ALBAUGH, Appellant, v. MOSS CONSTRUCTION COMPANY (a Corporation) et al., Respondents.

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

May 11, 1954.


Attorney(s) appearing for the Case

Donald K. Gault and Hampton Hutton for Appellant.

Charles J. Katz and Samuel W. Blum for Respondents.


MOORE, P.J.

By conventional allegations, appellant sued to recover $28,617.39 on an "oral contract." The objection of respondents to the receipt of any evidence on the ground that the complaint does not state a cause of action was sustained and judgment against appellant was entered. Hence, this appeal.

Appellant, on behalf of himself and his partner Reichert, sued to recover on an "oral contract, the exact terms of which are unknown to plaintiff." He alleged...

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