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SCHMIDT v. CALLERO

Docket No. 14170.

97 Cal.App.2d 582 (1950)

218 P.2d 80

GERHARD SCHMIDT, Appellant, v. J.W. CALLERO et al., Respondents. EDWIN D. CHIOSSO et al., Respondents, v. GERHARD SCHMIDT, Appellant.

Court of Appeals of California, First District, Division One.

May 17, 1950.

Attorney(s) appearing for the Case

Lorne M. Stanley and Douglas A. Pease for Appellant.

Albert Picard and Alfred E. Graziani for Respondents.

PETERS, P.J.

Gerhard Schmidt contracted with J.W. Callero and the Chiossos for the purchase of a resort in Shasta County known as Clark Creek Lodge. The contract was entered into on March 23, 1946, and shortly thereafter Schmidt took possession. The purchase price was not paid in full, and on November 21, 1946, Schmidt served notice that he was rescinding the agreement. In May, 1947, he brought an action for declaratory relief, seeking in particular a declaration...

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