Wilson v. Eddy (2 Cal. App. 3d 613, 1969)

Opinion

LILLIE, J.

Plaintiffs appeal from an order quashing service of summons and complaint upon defendants who are conceded to have been residents of New York at the time in question and were never personally served. The attempted service was made upon their attorney, Mr. Antin, pursuant to a provision in an agreement, executed by plaintiffs but not by defendants, in which the latter “hereby irrevocably appoints Michael Antin, Esq., as agent to accept service of process upon Eddy [collective] at any time hereafter in connection with any matter arising out of or in connection” therewith. Plaintiffs filed suit when defendants allegedly breached other material portions of the above agreement by the terms of which, generally stated, defendants undertook to sell to plaintiffs their interests in certain residential property.

The motion was heard upon-various declarations as to the factual issue of Antin’s authority to accept service, and upon points and authorities as to the legal effect of such authority if the court found that it was given; also considered was Antin’s depostion taken on plaintiffs’ behalf.

From the foregoing emerge the following background fa