HOTLE v. MILLER

Docket No. Sac. 6819.

51 Cal.2d 541 (1959)

334 P.2d 849

HAROLD L. HOTLE et al., as Executors, etc., Appellants, v. EVELYN F. MILLER, as Special Administrator, etc., Respondent.

Supreme Court of California. In Bank.

February 6, 1959.


Attorney(s) appearing for the Case

Donald M. Scott and Lounibos & Lounibos for Appellants.

Leon J. Libeu and Frank W. Finn for Respondent.


TRAYNOR, J.

Plaintiffs, executors of the will of Seymour Frizelle, appeal from a judgment for defendant, special administrator of the estate of Jennie Frizelle, in an action for reformation of a written agreement executed in January, 1953. The judgment was entered upon the sustaining of a general demurrer to the first amended complaint without leave to amend.

The complaint alleged:

On November 6, 1940, Seymour and Jennie opened an account with the...

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