LIVINGSTON ROCK & GRAVEL CO. v. DE SALVO

Docket No. 20996.

136 Cal.App.2d 156 (1955)

288 P.2d 317

LIVINGSTON ROCK AND GRAVEL COMPANY, INC. (a Corporation), Appellant, v. FRANK T. DE SALVO, SR., et al., Respondents.

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

October 13, 1955.


Attorney(s) appearing for the Case

Denio, Hart, Taubman & Simpson and Roger W. Young for Appellant.

Matranga & Abrams and Martin L. Abrams for Respondents.


VALLÉE, J.

Appeal by plaintiff from a judgment declaring that it is its obligation to pay defendants the amount of a sales tax assessed and levied against and paid by defendants.

On October 2, 1951, defendants, as lessors, and plaintiff, as lessee, entered into a written lease of a concrete batch plant and related equipment for a term of 36 months with rental of $447.23 a month. The instrument contained this provision:

"PURCHASE OPTION: At any...

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