WHITTEMORE HOMES, INC. v. FLEISHMAN

Docket No. 6099.

190 Cal.App.2d 554 (1961)

12 Cal. Rptr. 235

WHITTEMORE HOMES, INC. (a Corporation), Respondent, v. SAM FLEISHMAN, Appellant.

Court of Appeals of California, Fourth District.

March 27, 1961.


Attorney(s) appearing for the Case

Mack, Bianco, King & Eyherabide and Dominic Bianco for Appellant.

Richard Hosking for Respondent.


SHEPARD, J.

This is an action to recover interest paid on an alleged usurious loan.

In general substance, the facts revealed by the record before us are as follows: Plaintiff owned 76 lots in Bakersfield. It needed $45,000 to construct residences thereon for sale. On October 31, 1957, defendant had sold his business, the transaction was in escrow and he desired to reinvest the money shortly expected therefrom. On that date plaintiff and defendant signed an...

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