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HARTMAN v. SMITH

Docket No. 20611.

219 Cal.App.2d 415 (1963)

33 Cal. Rptr. 147

S. HARTMAN, Plaintiff, Cross-defendant and Respondent, v. THOMAS E. SMITH et al., Defendants, Cross-complainants and Appellants; GLADYS CRIVELLO, Cross-defendant and Respondent.

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

August 19, 1963.

Attorney(s) appearing for the Case

Birenbaum, Anderson & McClelland and David B. Birenbaum for Defendants, Cross-complainants and Appellants.

No appearance for Plaintiff, Cross-Defendant and Respondent.

Shirley, Saroyan, Cartwright & Peterson and Robert E. Cartwright for Cross-defendant and Respondent.

DRAPER, P.J.

This municipal court action for a real estate broker's commission ballooned into a broad array of cross-complaints by which the parties to the original exchange of real property claimed large damages against each other, causing transfer to the superior court. Only the last of the many pleadings is involved in this appeal.

[1a] That pleading is a "counterclaim" of the Smiths, alleging that Crivello, as a part of the exchange agreement...

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