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WHIPPLE RD. QUARRY CO. v. L.C. SMITH CO.

Docket No. 15194.

114 Cal.App.2d 214 (1952)

249 P.2d 854

WHIPPLE ROAD QUARRY COMPANY (a Corporation), Appellant, v. L.C. SMITH COMPANY (a Corporation), Respondent.

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

November 17, 1952.

Attorney(s) appearing for the Case

Alfred J. Harwood for Appellant.

Mullin & Cost for Respondent.

DOOLING, J.

This is an appeal from an order denying an application for a temporary injunction. Appellant and respondent entered into an agreement of lease wherein appellant is lessor and respondent lessee. Respondent bound itself as lessee to operate the property as a quarry, to install certain equipment therein, to pay the lessor 7 1/2 cents per ton for all rock removed, to sell to lessor all crusher base rock desired by lessor at 65 cents per ton, and to operate...

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