K. & M., Inc., a corporation, Plaintiff, Cross-Defendant and Respondent, Paul E. Tapley, Cross-Defendant and Respondent, v. LE CUYER

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District Court of Appeal, Second District, Division 3, California.

K. & M., Inc., a corporation, Plaintiff, Cross-Defendant and Respondent, Paul E. Tapley, Cross-Defendant and Respondent, v. George LE CUYER et al., Defendants, Cross-Complainants and Appellants.

Civ. 17975.

Decided: November 29, 1951

Charles A. Thomasset and Lee D. Mathews, Los Angeles, for appellants. Arthur V. Kaufman and George Appell, Los Angeles, for respondents.

This was an action brought to recover subsequent installments due April 1, May 1 and June 1 of 1949 under the provision of the same contract of sale which was the subject of Civil No. 17974, K. & M. Inc., v. LeCuyer, Cal.App., 238 P.2d 28. At the time of the trial of these actions, it was stipulated that in the event the court found for the plaintiff and cross-defendants in case Civil No. 17974, then the court should find for the plaintiff in this case, and that in the event the court should find for the defendants and cross-complainants in case Civil No. 17974, then the court should find for the defendants in this case. The court having rendered judgment for the plaintiffs in the preceding case, Civil No. 17974, rendered judgment in this action for the plaintiffs and against the defendants in the sum of $2,100. For the reasons expressed in the opinion in Civil No. 17974, K. & M. Inc., v. LeCuyer, Cal.App., 238 P.2d 28, the judgment is affirmed.

BARTLETT, Justice pro tem.

SHINN, P. J., and VALLÉE, J., concur.

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