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KELLER v. PACIFIC TURF CLUB

Docket No. 18812.

192 Cal.App.2d 189 (1961)

13 Cal. Rptr. 346

DAN KELLER, Appellant, v. PACIFIC TURF CLUB (a Corporation) et al., Respondents.

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

May 17, 1961.

Attorney(s) appearing for the Case

J.A. London, Boccardo, Blum, Lull, Niland & Teerlink and Edward J. Niland for Appellant.

Donahue, Richards & Gallagher, Joseph T. Richards and Thomas Schneider for Respondents.

KAUFMAN, P.J.

Plaintiff, Dan Keller, seeks to recover damages for breach of contract from Pacific Turf Club, a California corporation, and its officers, hereafter referred to as defendants. At the close of plaintiff's case, the court granted defendants' motion for a nonsuit and plaintiff appeals. We conclude that the matter should have gone to the jury.

[1] The granting of a motion for a nonsuit is warranted "`... when, and only when, disregarding...

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