SARTEN v. POMATTO

Docket No. 6515.

192 Cal.App.2d 288 (1961)

13 Cal. Rptr. 588

ARCHIE SARTEN, Plaintiff and Respondent, v. ANTONIO J. POMATTO et al., Defendants and Appellants. JEANNETTE POMATTO, Plaintiff and Respondent, v. ARCHIE SARTEN, Defendant and Appellant. (Consolidated Cases.)

Court of Appeals of California, Fourth District.

May 18, 1961.


Attorney(s) appearing for the Case

Vizzard, Baker, Sullivan & McFarland and James Vizzard for Defendants and Appellants in common count action and for Plaintiff and Respondent in equitable action.

Deadrich & Bates and Kenneth H. Bates for Defendant and Appellant in equitable action and Plaintiff and Respondent in common count action.


COUGHLIN, J.

This is an appeal from a single judgment in two consolidated actions: (1) the first being upon a common count for money had and received, hereinafter referred to as the common count action; and, (2) the second seeking equitable relief from a default judgment on the ground of fraud and mistake, hereinafter referred to as the equitable action.

COMMON COUNT ACTION

This is an action to recover $10,000 paid as a deposit in connection with...

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