APABLASA v. MERRITT & CO.

Docket No. 24046.

176 Cal.App.2d 719 (1959)

1 Cal. Rptr. 500

CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents.

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

December 29, 1959.


Attorney(s) appearing for the Case

Thomas W. Hughes for Appellant.

William J. Cusack for Respondents.


LILLIE, J.

Plaintiff's action for damages for breach of contract is predicated on a written contract entered into September 20, 1955. Hearing the case without a jury, the trial judge directed that the issue of the existence of the contract first be tried; and at the close of plaintiff's case entered a judgment of nonsuit decreeing that no written contract was entered into, existing, or was ever executed.

Part of the correspondence signed by defendant M.C....

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