Docket No. 16731.

142 Cal.App.2d 307 (1956)

298 P.2d 667

JOSEPH SIMONE, Respondent, v. SAM McKEE, Appellant.

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

June 18, 1956.

Attorney(s) appearing for the Case

Hyman & Hyman for Appellant.

Carroll F. Jacoby and Jack Flinn for Respondent.


Defendant, Sam McKee, a real estate broker, appeals from an adverse judgment awarding plaintiff Joseph Simone $3,800 compensatory damages and $1,000 exemplary damages for fraud practiced by McKee in a real estate transaction. He also purports to appeal from an order granting plaintiff leave to file an amended complaint to conform to proof, and "from the failure of the Court to rule upon or grant the said defendant's motion for a new trial."


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