ERICKSON v. BOOTHE

Docket No. Sac. 5905.

35 Cal.2d 108 (1950)

216 P.2d 454

MAZIE ERICKSON as Executrix, etc., Appellant, v. CLYDE D. BOOTHE, Respondent.

Supreme Court of California. In Bank.

April 12, 1950.


Attorney(s) appearing for the Case

Lafayette J. Smallpage, Harold J. Willis, T.B. Scott and Val G. Preston for Appellant.

Taylor & Taylor, Edward T. Taylor and Edward T. Taylor, Jr., for Respondent.


GIBSON, C.J.

This action, for declaratory relief, was brought to determine whether defendant lessee had effectively exercised an option to "re-lease" certain real property under the terms of a lease contract. A judgment in favor of plaintiff was reversed on appeal without direction. (Erickson v. Boothe, 79 Cal.App.2d 266 [179 P.2d 611].) Plaintiff thereafter filed a dismissal, and defendant, who had also sought declaratory relief, moved the trial court...

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