McDONELL v. AMERICAN TRUST CO.

Docket No. 16054.

130 Cal.App.2d 296 (1955)

279 P.2d 138

IRENE McDONELL et al., Appellants, v. AMERICAN TRUST COMPANY, as Executor, etc., Respondent.

Court of Appeals of California, First District, Division One.

January 21, 1955.


Attorney(s) appearing for the Case

Arthur D. Klang and Albert E. Polonsky for Appellants.

Sidney L. Weinstock, Roger Anderson and Harold J. Chase for Respondent.


WOOD (Fred B.), J.

Warren and Irene McDonell, husband and wife, brought this action against Hanna M. Vitenson, alleging that they were lessees of one of the ground floor stores of a multistoried building which belonged to defendant. They sought damages allegedly caused by water entering their store because of defects in the roof and roof drains, portions of the building reserved to the defendant lessor and under her sole control.

The major question is whether...

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