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accepted action affirmed agreed agreement alleged Am.Jur amended amount answer appellant applied asked attorney authority bank Cal.Jur California cause charged claim Code Company complaint condition consideration considered constitute contention contract corporation counsel County damages deed defendant defendant's denied determined Edmund G effect entered error escrow evidence executed exercise fact filed finding further give given granted ground guilty hearing held injury instructions intent interest issue Judge judgment June jury lease lodge matter ment motion negligence notice officer operation paid parties payment performed person petition plaintiff pleaded possession present proceedings purchase question reasonable received record References respect respondent result reversed rule statement statute sufficient Superior Court sustained taken testified testimony tion trial court trust witness