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SUNSET-STERNAU FOOD CO. v. BONZI

Docket No. S.F. 21499.

60 Cal.2d 834 (1964)

389 P.2d 133

36 Cal. Rptr. 741

SUNSET-STERNAU FOOD CO., Plaintiff and Respondent, v. RUDY BONZI, Defendant and Appellant.

Supreme Court of California. In Bank.

February 18, 1964.

Attorney(s) appearing for the Case

P.M. Barceloux, Burton J. Goldstein, Goldstein, Barceloux & Goldstein, E. Dean Price, Zeff, Halley & Price and Albert E. Levy for Defendant and Appellant.

Cleveland J. Stockton, Haskell Titchell and Eisner & Titchell for Plaintiff and Respondent.

TOBRINER, J.

The main issue in this appeal turns upon whether a section of the statute of frauds, Civil Code section 2309, applies to an oral agency agreement and prevents the agent from suing the undisclosed principal on an implied promise of indemnity. Although section 2309 does not clearly specify whether it covers only the agent's authority to bind the principal to a third party or extends to the relationship between the agent and the principal, we believe it...

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