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HAGEN v. SHERMAN

Docket No. 16989.

147 Cal.App.2d 28 (1956)

304 P.2d 767

ROLF HAGEN, Respondent, v. A.M. SHERMAN, Appellant.

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

December 18, 1956.

Attorney(s) appearing for the Case

Smith & Parrish and Edwin A. Clancy, Jr., for Appellant.

Barbagelata, Zief & Carmazzi, Robert D. Barbagelata and Rinaldo A. Carmazzi for Respondent.

BRAY, J.

Three questions are raised by this appeal by defendant from a judgment in favor of plaintiff in the sum of $2,500.1 They are: (1) Was the contract rescinded by mutual consent? (2) Was it rescinded by defendant for unilateral mistake? (3) Does the evidence support the award of damages?

EVIDENCE.2

Defendant owned a war surplus crane. In early November, 1953, plaintiff saw it in defendant...

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