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MERCER v. ELLIOTT

Docket No. 26156.

208 Cal.App.2d 275 (1962)

25 Cal. Rptr. 217

D.W. MERCER, Cross-Complainant and Appellant, v. AMOS W. ELLIOTT et al., Cross-Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

October 9, 1962.

Attorney(s) appearing for the Case

Older, Cazier, Preston & Hoegh and Charles H. Older for Cross-complainant and Appellant.

Fain & Lavine and Richard A. Lavine for Cross-defendant and Respondent.

FOURT, J.

This is an appeal by the cross-complainant (hereinafter referred to as "Mercer") from a judgment of dismissal after the trial court sustained, without leave to amend, cross-defendant's (hereinafter referred to as Elliott) demurrer to the third count of the fourth amended cross-complaint. The judgment dismissed the third count and Elliott from the action and awarded costs to Elliott. The demurrer was sustained on the grounds that the third count failed...

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