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NIKOLAUS v. HOWE

Docket No. 4738.

122 Cal.App.2d 422 (1954)

265 P.2d 99

JIM NIKOLAUS, Respondent, v. FRANK G. HOWE, Defendant; OLIVE A. BURNEY et al., Appellants.

Court of Appeals of California, Fourth District.

January 4, 1954.

Attorney(s) appearing for the Case

Andrew J. Copp, Jr., and H. Dexter McKay for Appellants.

Willis Smith for Respondent.

MUSSELL, J.

Plaintiff brought this action to recover for services rendered to defendants in hauling tungsten ore from Fallon, Nevada, to Bishop, California. His original complaint stated a cause of action on a book account and at the conclusion of the presentation of plaintiff's evidence, he was permitted to file an amended complaint to conform to the proof. In the second cause of action therein it was alleged that...

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