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BARASCH v. EPSTEIN

Docket No. 21783.

147 Cal.App.2d 439 (1957)

305 P.2d 283

BUDDY RICHARD BARASCH, Respondent, v. A.S. EPSTEIN, Appellant.

Court of Appeals of California, Second District, Division Three.

January 7, 1957.

Attorney(s) appearing for the Case

Samuel W. Blum, Irwin M. Fulop and Berne S. Rolston for Appellant.

Benjamin P. Riskin for Respondent.

VALLÉE, J.

Appeal by defendant from a judgment for plaintiff entered on the granting on his motion for judgment on the pleadings.

The action is for money alleged to be due plaintiff from defendant. The question is the sufficiency of the answer. [1] A plaintiff may recover judgment on a motion for judgment on the pleadings only if his complaint states facts sufficient to constitute a cause of action and the answer neither raises a material...

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