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PESKIN v. PHINNEY

Docket No. 9890.

182 Cal.App.2d 632 (1960)

6 Cal. Rptr. 389

JOSEPH PESKIN, Respondent, v. FRANK E. PHINNEY, Appellant.

Court of Appeals of California, Third District.

July 12, 1960.

Attorney(s) appearing for the Case

Griswold & Barrett and George C. Barrett for Appellant.

Wyman & Finell and Flaxman & Coleman for Respondent.

WARNE, J. pro tem.*

This is an appeal from a money judgment in favor of plaintiff in an action arising out of fraud and deceit.

Plaintiff, doing business as Aetna Factors Company, is engaged in factoring accounts receivable. On March 4, 1954, the plaintiff made a contract with M.E. Wright Lumber Company to "buy at net face amount of invoices all accounts receivable created by its sales" of lumber. Defendant was

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