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PRODUCE CLEARINGS v. BUTLER

Docket No. 28701.

231 Cal.App.2d 494 (1964)

42 Cal. Rptr. 114

PRODUCE CLEARINGS, Plaintiff and Appellant, v. PAULINE BUTLER, as Administratrix, etc., Defendant and Respondent.

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

December 28, 1964.

Attorney(s) appearing for the Case

William J. Cusack for Plaintiff and Appellant.

Harvey B. Himmel for Defendant and Respondent.

WOOD, P.J.

This is an action upon a creditor's claim against the administratrix of the estate of Max Butler, deceased. The claim is based upon a written guaranty by Max Butler of the faithful performance by Jackney Sportswear Company of a factoring agreement between the Jackney company and the plaintiff. In a nonjury trial the court determined that plaintiff, at the time it requested execution of the guaranty by Max Butler, failed to inform him of Jackney's previous...

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