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HARDY v. ADMIRAL OIL CO.

Docket No. L.A. 26474.

56 Cal.2d 836 (1961)

366 P.2d 310

16 Cal. Rptr. 894

WILLIAM HARDY, Plaintiff and Respondent, v. ADMIRAL OIL COMPANY, Defendant and Appellant.

Supreme Court of California. In Bank.

November 16, 1961.

Attorney(s) appearing for the Case

Theodore G. Lee for Defendant and Appellant.

Mitchell, Silberberg & Knupp and Howard S. Smith for Plaintiff and Respondent.

SCHAUER, J.

Defendant appeals from a judgment for plaintiff on the pleadings in an action to recover a down payment on a contract for the sale of certain oil and gas leases. Defendant contends that the judgment was erroneous because its third amended answer raised a material issue (1) by a denial of the alleged breach of contract and (2) by an affirmative allegation of facts contrary to those alleged in the complaint as...

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