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MALONE v. JONES

Docket No. 25529.

208 Cal.App.2d 343 (1962)

25 Cal. Rptr. 262

LUTHER S. MALONE, Plaintiff and Appellant, v. HOMER CAMPBELL JONES, Defendant and Respondent. HOMER JONES, Plaintiff and Respondent, v. LUTHER S. MALONE, Defendant and Appellant. (Consolidated Cases.)

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

October 10, 1962.

Attorney(s) appearing for the Case

Herbert Hafif for Appellant.

Ben T. Kayashima for Respondent.

BURKE, P.J.

This is an appeal from judgments entered granting motions for summary judgment in two separate cases which were consolidated in the trial court.

In the first action Luther S. Malone (Malone) sued Homer Campbell Jones (Jones) for breach of contract and for fraud. The second action was a complaint for money brought by Jones against Malone.

The two men were partners in a sewer business which involved two basic divisions in operations: one...

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