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O'MALLEY v. E.J. GRIFFITH & CO., INC.

Docket No. 17744.

161 Cal.App.2d 243 (1958)

326 P.2d 508

MARTIN J. O'MALLEY, Respondent, v. E.J. GRIFFITH AND COMPANY, INC. (a Corporation), Appellant.

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

June 11, 1958.

Attorney(s) appearing for the Case

Slack & Zook and John E. Troxel for Appellant.

Arthur N. Ziegler, Allan L. Sapiro and O'Malley & Colthurst for Respondent.

BRAY, J.

Defendant appeals from a judgment in favor of plaintiff in the sum of $11,331.56.1

QUESTION PRESENTED

[1] Does the evidence support the court's finding that there was no account stated by the letter of October 8, 1952?

Defendant also contends that the court's findings and judgment were inconsistent in that the court found that the $11,331.56 for which it gave judgment was due both for breach...

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