Pomatto v. Sarten

BROWN (R.M.), J.

This is an appeal from a judgment setting aside a default judgment which had been entered against respondent by the appellant. Appellant and Mr. Pomatto had previously signed certain documents concerning the proposed purchase by appellant of a motel owned by Mr. Pomatto. Mrs. Pomatto, the wife and coowner of the motel, did not sign any of the documents. In the escrow agreement the appellant had deposited $10,000 with John Brown, agent for Mr. Pomatto, and after certain negotiations, immaterial here, the sale did not go through. Mr. Brown, by consent of Mr. Pomatto, took the…