ZIRKER v. BABER

Docket No. 5497.

161 Cal.App.2d 355 (1958)

327 P.2d 63

CLARENCE H. ZIRKER et al., Appellants, v. JOSEPH BABER, JR., et al., Defendants; JAMES L. DALLAS, Respondent.

Court of Appeals of California, Fourth District.

June 17, 1958.


Attorney(s) appearing for the Case

Hillyer & Crake and Oscar F. Irwin for Appellants.

Luce, Forward, Kunzel & Scripps for Respondent.


MUSSELL, J.

This is an appeal by plaintiffs from a judgment in favor of defendant James Dallas in an action on a common count for money had and received.

In July, 1954, defendant James L. Dallas owned a 70 per cent interest in the Waldman Motor Company, a partnership in La Jolla, and the remaining interest therein was owned by H. Stephen King. The La Jolla Garage, Inc., was formed by an amendment of the articles of incorporation of the Community Broadcasting...

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