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GRAY v. SUTHERLAND

Docket No. 15553.

124 Cal.App.2d 280 (1954)

268 P.2d 754

RALPH M. GRAY, Plaintiff and Appellant, v. JAMES C. SUTHERLAND, Defendant and Appellant; SAMUEL ECKSTEIN, as Trustee in Bankruptcy, etc., Respondent.

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

March 31, 1954.

Attorney(s) appearing for the Case

Stanley D. Whitney and Stanley C. Smallwood for Plaintiff and Appellant.

Fitzgerald, Abbott & Beardsley for Defendant and Appellant.

Jerome L. Schiller for Respondent.

NOURSE, P.J.

This is an appeal on the judgment roll only. Although the case started out as an action of Gray against Sutherland for breach of a contract to purchase from Gray all the stock of Gray Manufacturing Company (further called the company), the appeal is mainly by Gray and Sutherland from a judgment for Eckstein, the intervener, trustee in bankruptcy of said company (further called the trustee), who recovered $7,000 withdrawn by Gray and Sutherland from the...

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