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PIERCE v. NASH

Docket No. 19954.

126 Cal.App.2d 606 (1954)

272 P.2d 938

KENNETH L. PIERCE, Appellant, v. CARRIE G. NASH et al., Defendants; GAYLORD BURKE et al., Respondents.

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

July 20, 1954.

Attorney(s) appearing for the Case

Glenn R. Watson and Robert G. Beverly for Appellant.

Paul J. Otto and Victor Bewley for Respondents.

FOX, J.

This is an appeal by plaintiff from an order granting defendants Gaylord Burke and Robert P. Burke a new trial after judgment for plaintiff. The matter was tried by the court without a jury. Defendants did not take a cross-appeal from the judgment.

The action is for damages for constructive eviction of plaintiff, lessee of the premises here involved. The complaint recites that on April 26, 1948, Harry F. Burke leased these premises, by a writing, for...

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