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MENDELSOHN v. MILLER

Docket No. 22479.

156 Cal.App.2d 664 (1958)

320 P.2d 155

LEONARD T. MENDELSOHN et al., Respondents, v. BENJAMIN N. MILLER et al., Defendants; EUREKA IRON AND METAL COMPANY (a Corporation), Appellant.

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

January 13, 1958.

Attorney(s) appearing for the Case

Benjamin W. Shipman and Milo V. Olson for Appellant.

R.E. Allen, in pro. per., Gibson, Dunn & Crutcher, Henry F. Prince, Richard E. Davis, Richard H. Wolford and William G. Tucker for Respondents.

FOX, Acting, P.J.

The principal problem involved in this appeal is whether or not a purchaser at a judicial sale of partnership assets (which sale arises out of a suit in equity to dissolve the partnership) may assert as an offset against the price bid by him for the property an unliquidated, contested claim against an individual partner.

The partnership was composed of plaintiff Mendelsohn and defendant Miller. After commencement of the partnership

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