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District Court of Appeal, Second District, Division 1, California.

E. M. ASHER, Plaintiff and Appellant, v. CHARLES R. ROGERS PRODUCTIONS, Inc. (a Corporation) and Charles R. Rogers, Defendants, and Charles R. Rogers, Respondent.

Civ. 9858.

Decided: January 10, 1936

Zagon & Aaron, of Los Angels, for appellant. Carpenter, Babson & Fendler, of Los Angeles (Ingle Carpenter and Harold A. Fendler, both of Los Angeles, of counsel), for respondent.

Appeal from a judgment in favor of defendant Charles R. Rogers, after an order sustaining a dmurrer to a complaint without leave to amend in an action for damages for the alleged breach of an agreement to pay an indebtedness secured by a trust deed.

The facts of this case are the same as those in the case of Small v. Charles R. Rogers Production, Inc., et al. (Cal.App.) 53 P.(2d) 774, this day decided; plaintiff herein suing upon an identical cause of action. The same points are urged in the present case as were decided in the Small Case, and, upon the authority of that case, the judgment appealed from is affirmed.

SHINN, Justice pro tem.

We concur: HOUSER, P.J.; YORK, J.