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McCARTHY v. TALLY

Docket Nos. L.A. 23310, 23311.

46 Cal.2d 577 (1956)

297 P.2d 981

HAROLD McCARTHY, Plaintiff and Appellant, v. THOMAS SEYMOUR TALLY, Defendant and Appellant. THOMAS SEYMOUR TALLY, Plaintiff and Appellant, v. HAROLD McCARTHY, Defendant and Appellant.

Supreme Court of California. In Bank.

June 1, 1956.

Attorney(s) appearing for the Case

Combs & Hoose, Lee Combs and Harned Pettus Hoose for Appellant McCarthy.

Wilson & Wilson for Appellant Tally.

CARTER, J.

These two actions arose because of disputes concerning a 10-year lease of a summer resort known as Glenn Ranch owned by Tally and leased by him and his father to Mr. and Mrs. McCarthy.1 In the first action Harold McCarthy sought declaratory relief and damages for fraud against Seymour Tally; Tally later brought an action against McCarthy in which he sought to establish certain rights under the lease in question and for the appointment...

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