Wilson

Wilson v. First National Bank

Good Law
17 Cal. App. 390·1911 Cal. App. LEXIS 63·119 P. 957
Court of Appeal of CaliforniaNovember 7, 1911Civ. No. 1047.California775 words

Opinion

Lead Opinion

James, J.

A general demurrer, to an amended complaint filed by plaintiffs, was sustained and leave to further amend was denied. Thereupon judgment was rendered for defendant, from which plaintiffs appeal. In this amended complaint it was alleged that one E. L. Plantico, on August 1, 1906, entered into a contract with certain property owners of the city of Long Beach, wherein it was agreed that Plantico was to construct certain bulkheads and sidewalks, and erect electrical street lamps along a boulevard in front of the property of the other contracting parties; that Plantico then engaged plaintiffs, as subcontractors, to do certain of the electrical work, and that, before plaintiffs entered upon the doing of this work, Plantico assigned the main contract, which he had made with the property owners, to the defendant bank. Plaintiffs then allege, on information and belief, that the assignment so made by Plantico to the bank was “upon the consideration and understanding that said defendant corporation would hold said contract and collect the moneys to become due thereunder from the respective prop erty owners as the same became due under the terms of said contract, and pay materialmen and…

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