SULLIVAN v. DEL CONTE MASONRY CO., INC.

Docket No. 22334.

238 Cal.App.2d 630 (1965)

48 Cal. Rptr. 160

DONALD A. SULLIVAN, Plaintiff and Respondent, v. DEL CONTE MASONRY CO., INC., Defendant and Appellant.

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

December 9, 1965.


Attorney(s) appearing for the Case

Cooper & Wiles and Robert J. Wiles for Defendant and Appellant.

Haley, McInerney & Dillon and William H. McInerney for Plaintiff and Respondent.


SALSMAN, J.

Respondent Donald A. Sullivan brought this action against appellant Del Conte Masonry Co., Inc. asking an accounting and payment of money due under an employment agreement. The trial court found that respondent had been employed by appellant at a salary plus commission, and that there was due him the sum of $8,880.91.

Appellant contends that an accord and satisfaction was entered into and consummated and its debt thereby discharged. Appellant also...

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