Sarten v. Pomatto

This is an appeal from a single judgment in two consolidated actions: (1) the first being upon a common count for money had and received, hereinafter referred to as the common count action; and, (2) the second seeking equitable relief from a default judgment on the ground of fraud and mistake, hereinafter referred to as the equitable action.

Common Count Action

This is an action to recover $10,000 paid as a deposit in connection with the proposed sale of a motel; a trial was had upon the issues presented as between the plaintiff and respondent, Archie Sartén, and the defendants and appellants,…