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BANK OF AMERICA v. VANNINI

Docket No. 16545.

140 Cal.App.2d 120 (1956)

295 P.2d 102

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Administrator With the Will Annexed, etc., Plaintiff and Respondent, v. A. VANNINI et al., Appellants; IRENE VAN DE CARR, Cross-Defendant and Respondent.

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

March 22, 1956.

Attorney(s) appearing for the Case

Howard C. Ellis, E.F. Delger and Bernard B. Glickfeld for Appellants.

Donahue, Richards, Rowell & Gallagher, A.R. Rowell and Joseph A. Wood, Jr., for Respondents.

PETERS, P.J.

Plaintiff brought this action against defendants for $40,000 balance alleged to be due on a contract to purchase certain mining properties. Defendants answered and cross-complained, negatively and affirmatively pleading fraud on the part of plaintiff. The trial court sustained a demurrer without leave to amend to the third amended answer and cross-complaint. Plaintiff moved for judgment on the pleadings. The motion was granted. Defendants appeal from...

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