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SMALLEY v. BAKER

Docket No. 24865.

262 Cal.App.2d 824 (1968)

69 Cal. Rptr. 521

DONALD M. SMALLEY, Plaintiff and Respondent, v. THOMAS E. BAKER, Defendant, Cross-complainant and Appellant; DONALD R. HAILE, Defendant, Cross-defendant and Respondent.

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

June 11, 1968.

Attorney(s) appearing for the Case

Howard S. Dattan for Defendant, Cross-complainant and Appellant.

Barrett, Ferenz, Trapp & Gayle and W. Scott Barrett for Plaintiff and Respondent.

No appearance for Defendant, Cross-defendant and Respondent.

MOLINARI, P.J.

This is an appeal by defendant Baker from a judgment entered in favor of plaintiff Smalley ordering restitution of a $10,000 deposit, together with all accumulated interest, and decreeing rescission of an agreement between Baker, on the one hand, and plaintiffs Smalley and Bratton, on the other, whereby Baker, for the sum of $10,000, licensed Smalley and Bratton to market an axle puller. The case was tried by the court, which entered findings of fact...

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