Docket No. 23343.

248 Cal.App.2d 220 (1967)

56 Cal. Rptr. 435

SHELDON SACKETT, Plaintiff, Cross-defendant and Appellant, v. PAUL R. SPINDLER, Defendant, Cross-complainant and Respondent.

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

January 30, 1967.

Attorney(s) appearing for the Case

Vincent Hallinan, Carl B. Shapiro, Patrick Sarsfield Hallinan and LeRoy W. Rice for Plaintiff, Cross-defendant and Appellant.

Kahle, Adams & Everton and Douglass M. Adams for Defendant, Cross-complainant and Respondent.


Plaintiff and cross-defendant, Sheldon Sackett, appeals from the judgment of the trial court determining that he take nothing on his complaint for money had and received and further awarding defendant and cross-complainant, Paul Spindler, $34,575.74 plus interest on his cross-complaint against Sackett for breach of contract. Sackett's contentions on appeal are as follows: (1) the evidence reveals no "actionable breach" on his part; (2) damages were...

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