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SMITH v. TURNER

Docket No. 27919.

238 Cal.App.2d 141 (1965)

47 Cal. Rptr. 582

STANLEY R. SMITH et al., Plaintiffs and Respondents, v. SAMUEL A. TURNER et al., Defendants and Appellants.

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

November 16, 1965.

Attorney(s) appearing for the Case

Lind & Schmitz and Edmund I. Read for Defendants and Appellants.

Tincher & Blumberg and Myron Blumberg for Plaintiffs and Respondents.

ASHBURN, J.*

Defendants appeal from judgment for plaintiffs in action for recovery of moneys paid by them for shares of stock in a California corporation named Sam Turner Mfg. Co., which payments were made under a preincorporation subscription agreement that preceded any steps toward incorporation. [1] Defendants relied principally upon a plea of pari delicto which was rejected by the trial judge.

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