SMITH v. MENDONSA

Docket No. 8027.

108 Cal.App.2d 540 (1952)

238 P.2d 1039

ELLIS M. SMITH, Respondent, v. LOUIS P. MENDONSA et al., Appellants.

Court of Appeals of California, Third District.

January 4, 1952.


Attorney(s) appearing for the Case

Peters & Peters for Appellants.

Rawlins Coffman for Respondent.


VAN DYKE, J.

On May 1, 1947, plaintiff and respondent, as promisee, entered into an agreement with defendants and appellants, as promisors, concerning the use of certain real property which had been conveyed by respondent to appellants. Therein they agreed that in the use of their property they would permit no trees to remain thereon which exceeded a height of 15 feet; that should any tree attain a greater height respondent...

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