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STOCKTON DRY GOODS CO. v. GIRSH

Docket No. Sac. 6084.

36 Cal.2d 677 (1951)

227 P.2d 1

STOCKTON DRY GOODS COMPANY (a Corporation), Respondent, v. STANLEY GIRSH, Appellant.

Supreme Court of California. In Bank.

February 2, 1951.

Attorney(s) appearing for the Case

Willens & Boscoe and Gordon J. Aulik for Appellant.

Mitchell, Johnson & Bates and Elbert J. Sheffield for Respondent.

SHENK, J.

The plaintiff as lessor brought an action against the defendant lessee for declaratory relief pursuant to section 1060 of the Code of Civil Procedure. The existence of a controversy was alleged and placed in issue by the defendant's answer. The trial court found that a controversy existed as to a proper construction of the terms of the lease, and basing its findings on stipulated facts and the language of the lease, rendered judgment for the plaintiff. The...

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