DOWDS v. ARMSTRONG (1937)

Supreme Court of California.

DOWDS v. ARMSTRONG et al.

Civ. 1619(4).

Decided: January 11, 1937

W. L. Pollard and S. L. Kurland, both of Los Angeles, for appellant. R. Y. Williams and West & McKinney, all of Santa Ana, for respondents.

The petition for hearing after decision by the District Court of Appeal of the Fourth Appellate District [62 P.(2d) 411] is denied, but we withhold approval of that part of the opinion which indicates that even though there was an agreement for benefit of plaintiff, yet the conspiracy to bring about a rescission would not be sufficient to warrant a recovery by him.

PER CURIAM.

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