[Download] "Tymkowicz v. San Jose Unified School District" by First Appellate District, Division Two District Court Of Appeal Of California # Book PDF Kindle ePub Free

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eBook details

• Title: Tymkowicz v. San Jose Unified School District
• Author : First Appellate District, Division Two District Court Of Appeal Of California
• Release Date : January 06, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Plaintiff and appellant, on April 4, 1955, filed an action for damages claiming that defendant and respondent sold him certain described real property in Riverside County by deed recorded November 23, 1953; that on January 27, 1955, plaintiff discovered that defendant did not own all the property described in the deed, she having previously sold a portion of it on September 11, 1948, to another person; that on several occasions plaintiff demanded title to the whole; that plaintiff contracted to sell the whole and upon discovery of the facts the purchaser canceled his contract of purchase to plaintiffs damage in the sum of $3,500. Summons was served on defendant on April 9, 1955. There was no appearance for defendant and on April 29, 1955, a default was entered. On May 9, 1955, the court entered judgment by default. On December 28, 1955, defendant, through her attorney, moved to set aside the default and default judgment on the ground that default judgment was taken against her by her mistake, inadvertence, surprise and excusable neglect. A verified answer was served with her affidavit, denying generally the allegations of the complaint and alleging she was then the owner in fee of the premises sold to defendant. By

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