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SMITH v. NORMAN I. FADEL, INC.

Docket No. 20538.

215 Cal.App.2d 13 (1963)

29 Cal. Rptr. 839

FRANK M. SMITH, Plaintiff and Respondent, v. NORMAN I. FADEL, INC., Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

April 11, 1963.

Attorney(s) appearing for the Case

Hill & Dalton and Charles V. Moore for Defendant and Appellant.

Falk & Falk and Charles E. Buxton, Jr., for Plaintiff and Respondent.

AGEE, J.

The complaint is in two counts, the first being a common count for "goods sold and delivered" in the amount of $655.20, and the second being for damages in the sum of $755 for breach of contract. The prayer is for $1,410.20. Plaintiff recovered a judgment in the amount of $755 and defendant appeals therefrom.

[1] Although defendant states in his brief that the court "found for plaintiff on the first cause of action," this would appear...

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