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COUNTY OF SAN BERNARDINO v. SAPP

Docket No. 5706.

156 Cal.App.2d 550 (1958)

319 P.2d 649

COUNTY OF SAN BERNARDINO, Respondent, v. ROSCOE SAPP, as Executor, etc., Appellant.

Court of Appeals of California, Fourth District.

January 6, 1958.

Attorney(s) appearing for the Case

Taylor F. Peterson for Appellant.

Albert E. Weller, County Counsel (San Bernardino), and John B. Lawrence, Deputy County Counsel, for Respondent.

WAITE, J. pro tem.*

Plaintiff filed this action on a common count, alleging that defendant Walter Penn Sapp was indebted to plaintiff for money had and received by Sapp in the sum of $3,336, with interest thereon from February 1, 1954. The answer is a general denial and in addition raises the defense of the statute of limitations. Walter Penn Sapp died while the trial was pending and the executor of his estate was substituted as defendant...

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