McCREARY v. MERCURY LUMBER DISTRIBUTORS

Docket No. 8361.

124 Cal.App.2d 477 (1954)

268 P.2d 762

WILLIAM W. McCREARY et al., Respondents, v. MERCURY LUMBER DISTRIBUTORS, Appellant.

Court of Appeals of California, Third District.

April 9, 1954.


Attorney(s) appearing for the Case

Joseph G. Babich for Appellant.

Spur & Brunner for Respondents.


SCHOTTKY, J.

This is an appeal from a judgment holding that a timber contract between the parties had been rescinded and quieting title to the real property involved.

The appellant is the K.D. Lumber Company, sued as and doing business under the name of Mercury Lumber Distributors. Appellant was the only party defendant to answer or appear at the trial.

Appellant outlines its contentions on appeal as follows:

"It is appellants' position that...

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