Papenfus v. Webb Products Co.

Plaintiff brought this action for declaratory relief and to declare a trust in his favor in the assets of the Webb Products Company. Defendants had judgment and this appeal followed.

The controversy has been here before (see Papenfus v. Webb Products Co., Inc., 24 Cal. App. (2d) 559 [75 Pac. (2d) 631]) in another case in which different issues were presented. Reference is made to the former opinion for a statement of those facts which are not repeated here.

The judgment in the present case is based on the theory that plaintiff elected his remedy in the former action and is precluded from…