YOUNGDALE v. GAHWILER

Docket No. 20177.

198 Cal.App.2d 156 (1961)

17 Cal. Rptr. 802

FRANK J. YOUNGDALE, as Executor, etc., Plaintiff and Appellant, v. HENRY GAHWILER, Defendant and Respondent.

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

December 19, 1961.


Attorney(s) appearing for the Case

Gilbert Moody and J. Hilary Cook for Plaintiff and Appellant.

Edward T. Koford for Defendant and Respondent.


AGEE, J.

After the statute of limitations had barred the remedy upon the promissory note in question, defendant wrote three letters which plaintiff contends constituted an unqualified and unconditional acknowledgment of the indebtedness, thus giving rise to an implied unqualified and unconditional promise to pay. Conversely, defendant contends that his promise to pay was express, not implied, and was conditioned upon his being able to make financial...

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