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STOCKTON THEATRES, INC. v. PALERMO

Docket No. 8222.

124 Cal.App.2d 353 (1954)

268 P.2d 799

STOCKTON THEATRES, INC., Plaintiff and Appellant, v. EMIL PALERMO, Defendant and Appellant.

Court of Appeals of California, Third District.

April 1, 1954.

Attorney(s) appearing for the Case

Freed, Gebauer & Freed for Plaintiff and Appellant.

Smith & Zeller for Defendant and Appellant.

SCHOTTKY, J.

This is an appeal by plaintiff and a cross-appeal by defendant from a judgment awarding attorney's fees to plaintiff.

On September 13, 1940, defendant's father and plaintiff entered into a written lease for the Star Theatre, to begin on January 1, 1941. Said lease contained the following provision relating to attorney's fees:

"If either party shall commence any legal proceedings against the other for relief because of any default by the...

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