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BUESCHER v. LASTAR

Docket No. 48316.

61 Cal.App.3d 73 (1976)

132 Cal. Rptr. 124

ELMER D. BUESCHER, Plaintiff and Respondent, v. FREDERICK A. LASTAR, Defendant and Appellant.

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

August 17, 1976.

Attorney(s) appearing for the Case

COUNSEL

L.P. Scherb for Defendant and Appellant.

Trope & Trope and Timothy S. Harris for Plaintiff and Respondent.

OPINION

ROTH, P.J.

Respondent Buescher recovered a judgment against appellant Lastar for the full amount of a demand note which was barred by the statute of limitations (Code Civ. Proc., § 337) on the theory that a written acknowledgment of its continued validity as provided for by Code of Civil Procedure section 3601 was made by appellant the maker of the note.

The facts as stipulated and...

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