Blase

Blase v. Pedlow

Good Law
183 Cal. App. 2d 367·1960 Cal. App. LEXIS 1760·6 Cal. Rptr. 635
Court of Appeal of CaliforniaJuly 29, 1960Civ. 24172California3,104 words

Opinion

Opinion

Ford, J.

The plaintiff appeals from a judgment adverse to him in an action in which he sought an accounting and other relief.

The nature of the controversy may be discerned from the findings of fact of the trial court, pertinent portions of whch are as follows: 1. During the first part of 1955 and for sometime prior thereto, the defendants Fiorina Pedlow and Douglas Pedlow were engaged in the business of operating an auto towing and impounding establishment, doing business under the firm name and style of Pedlow’s 24-Hour Towing Service, in North Hollywood. 2. During the first part of 1955, plaintiff was an employee of the defendant Fiorina Pedlow under an oral agreement whereby he was to perform certain labor for Fiorina Pedlow in the towing service and was to receive as compensation the sum of $2.00 for each tow job and, in addition, the free use of the residence located upon the land owned by Fiorina Pedlow and adjacent to the towing establishment. 3. There was never any agreement, oral or written, between the plaintiff and the defendant Fiorina Pedlow whereby Fiorina Pedlow was to furnish to the plaintiff any automobile space or stalls upon that defendant’s property for the use by the…

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