Imported Liquors Co. v. Los Angeles Liquor Co.

Appellant, a partnership consisting of Howard S. Bernon and Ruth B. Bernon, citizens of Ohio, brought this action against appellee, a California corporation, on September 22, 1944. Appellee answered on October 26, 1944. On November 27, 1944, appellant served upon appellee interrogatories to be answered by an officer thereof competent to testify in its behalf. 1 The interrogatories were answered by appellee’s president, Aaron Lilien, on December 8, 1944. 2 A deposition of Howard S. Bernon was taken by appellant on December 19, 1944. 3 On January 12, 1945, appellee moved for a summary judgment in its favor and, in support of its motion, filed affidavits of Lilien, Irven Rose and M. D. Weiner. On February 9, 1945, appellant moved for a summary judgment in its fa *550 vor and, in support of its motion, filed an affidavit of Howard S. Bernon. In opposition to appellant’s motion, appellee filed an affidavit of Lilien on February 15, 1945. In support of appellant’s motion and in opposition to appellee’s motion, appellant filed an affidavit of Joseph Sachs on February 19, 1945. The court denied appellant’s motion, granted appellee’s motion and entered judgment in appellee’s favor. 4 From…