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HORN & BARKER, INC. v. MACCO CORP.

Docket No. 27695.

228 Cal.App.2d 96 (1964)

39 Cal. Rptr. 320

HORN & BARKER, INC., Plaintiff and Appellant, v. MACCO CORPORATION, Defendant and Respondent.

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

June 22, 1964.

Attorney(s) appearing for the Case

Bolton, Groff & Dunne, John S. Bolton and Henry E. Kappler for Plaintiff and Appellant.

Schell & Delamer and Fred B. Belanger for Defendant and Respondent.

HERNDON, Acting P.J.

Plaintiff appeals from the judgment entered following the sustaining of defendant's demurrer without leave to amend. Plaintiff's complaint attempts to state a cause of action based upon a theory of implied indemnity. A second count for money had and received is based upon the same transaction as that alleged in the first cause of action. The demurrer to the latter count was sustained in conformity...

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