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In the case here at bar, defendant was in complete personal charge of the store. The purpose of a bill of particulars is to apprise defendant of the details of plaintiffs' claim in order that defendant may intelligently present whatever defenses he may have. ĭefendant's first six contentions all involve substantially the same subject matter that is, that evidence relating to inventories and accounts should not have been admitted or should have been stricken because, according to defendant, the bills of particulars furnished by plaintiffs on defendants' demand and on order of court, were insufficient. Plaintiffs' cross-appeal was dismissed by stipulation at the time of argument. This appeal is solely from the portion of the judgment in favor of plaintiffs. Judgment was rendered in favor of plaintiffs and against appealing defendant in the sum of $60,000 and in favor of defendant on his cross-complaint in the sum of $2,649.42, for accumulated wages and retirement deposits. Nonsuit was granted as to defendant's wife, Irene F. The complaint is in three alternative counts, the first count being in the form of the common count of goods sold and delivered for which defendants agreed to pay the second being in the form of the common count of money received by defendants for the use and benefit of plaintiffs the third being in the form of the common count of money lent. Serious shortages of inventory were discovered on annual check and plaintiff brought this action to recover $60,000 from defendant.

Plaintiff was the owner and defendant the manager of a store at Ontario, California, during July 1956 to January 1959. This is an appeal by defendant from a judgment for plaintiff for money due. Sommers for Plaintiffs, Cross-defendants and Respondents. Kelber & Kelber and Bernard Kelber for Defendant, Cross-complainant and Appellant. CONNOLLY, Defendant, Cross-complainant and Appellant.
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