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BAILARD v. MARDEN

Docket No. L.A. 21120.

36 Cal.2d 703 (1951)

227 P.2d 10

WILLIS R. BAILARD et al., Respondents, v. MURIEL MARDEN et al., Appellants.

Supreme Court of California. In Bank.

February 9, 1951.

Attorney(s) appearing for the Case

Hiram T. Kellogg for Appellants.

McGinley & Hanson and Howard D. Hanson for Respondents.

EDMONDS, J.

Willis R. Bailard and his wife conveyed real property to Muriel Marden. The deed declared that the grant was made subject to all conditions and restrictions of record. By the mistake or inadvertence of the Bailards and their agents, the restrictions of record did not limit the use of the lot to residential purposes. When this situation became known to the Bailards, they sued for reformation of their deed and other relief. The appeal is from the judgment...

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