[Download] "Karallis v. Shenas" by Fourth Appellate District District Court Of Appeal Of California # Book PDF Kindle ePub Free
eBook details
- Title: Karallis v. Shenas
- Author : Fourth Appellate District District Court Of Appeal Of California
- Release Date : January 28, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
[97 CalApp2d Page 280] This action was before this court on two prior appeals. (Karallis v. Shenas, 41 Cal. App. 2d 694 [107 P.2d 395], involving a nonsuit judgment of dismissal; and Karallis v. Shenas, 66 Cal. App. 2d 475 [152 P.2d 499], in which the facts are rather fully stated.) Suffice to say that the plaintiff and one Callas, as copartners, operated a restaurant in a building they leased from the defendant. Callas died in 1931, and through the estate proceedings defendant purchased at least his interest in the restaurant for $1,000. Plaintiff contended that through certain fraud and misrepresentation he was induced to sell and permit the sale of the business to defendant and to loan the defendant $1,000 with which to purchase the estate's interest in the business, on the agreement that the defendant would repay him the $1,000 plus $1,059.40 owed to the plaintiff by Callas and secured by a note and chattel mortgage on the restaurant fixtures, [97 CalApp2d Page 281] and that he and the defendant would then operate the restaurant as equal partners. Defendant contended that there was no such agreement; that he bought the entire business from the estate for $1,000; that he borrowed no money from plaintiff but that plaintiff agreed to pay him $1,000 to cancel the lease on the restaurant property, of which only $700 was actually paid.