Smith v. Bach

This action is one in assumpsit for money had and received. The case was once tried and judgment entered in favor of the defendants. On appeal to the supreme court that judgment was reversed (Smith v. Bach, 183 Cal. 259, [191 Pac. 14]). By the terms of the present judgment plaintiffs have failed to recover anything against the defendant Bach, and their recovery against the defendant Borgh has been limited to an amount less than their claim. Plaintiffs appeal from this judgment.

As determined on the former appeal, the contract which the parties attempted to make, providing for a sale of land by…