Dillon v. Sumner

Defendant appeals from a summary judgment for the sum of $4,062.20, together with interest and costs, entered against him pursuant to section 437c of the Code of Civil Procedure. He also appeals from the order striking his answer and counterclaim.

Both parties to this action were physicians. Plaintiff sued to recover the sum of $3,930.20 alleged to be due on a written contract. In the contract, set out in the complaint, plaintiff agreed to sell and defendant agreed to purchase the medical equipment and personal property owned by plaintiff in suite 306 at 490 Post Street, San Francisco. The…