GAUSE v. McCLELLAND

Docket No. 18053.

102 Cal.App.2d 762 (1951)

228 P.2d 91

W.S. GAUSE et al., Respondents, v. H.E.O. McCLELLAND, Appellant.

Court of Appeals of California, Second District, Division Two.

March 9, 1951.


Attorney(s) appearing for the Case

Horton & Horton, Joseph K. Horton and Russell A. Barker for Appellant.

E.O. Leake and J.J. Leake for Respondents.


McCOMB, J.

From a judgment in favor of plaintiffs after trial before the court without a jury in an action to recover damages for malicious prosecution, defendant appeals.

Facts: About June 13, 1943, plaintiffs leased from defendant from month to month, under a written lease, an apartment in the Graemere Apartments, Los Angeles. Soon thereafter difficulties arose between the parties and on many occasions defendant refused to accept rent from plaintiffs...

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