Strutzel v. Williams

Wilbert C. Hamilton, hereinafter referred to as defendant, appeals from an adverse judgment after trial before the court without a jury in an action to recover upon a common count for money had and received, predicated upon the theory that plaintiffs’ money was obtained by defendant through false representations.

Facts: The record being viewed in the light most favorable to plaintiffs (respondents) (Estate of Isenberg, 63 Cal.App.2d 214, 216 [146 P.2d 424]) discloses that plaintiffs Strutzel and Cioffi were partners engaged in the metal parts business. Their partnership agreement had been…