ENOS v. FOSTER

Docket No. 17414.

155 Cal.App.2d 152 (1957)

317 P.2d 670

JOSEPH B. ENOS, JR., Respondent, v. C. LOUIS FOSTER, as Executor, etc., Appellant.

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

November 12, 1957.


Attorney(s) appearing for the Case

Donahue, Richards, Rowell & Gallagher and Donahue, Richards & Gallagher for Appellant.

Kessler & Kessler and Kessler, Kessler & Greenberg for Respondent.


BRAY, J.

Plaintiff's motions to strike defendant's answer, for summary judgment and judgment on the pleadings, were granted. Defendant appeals from the judgment entered thereon.

QUESTIONS PRESENTED

Was plaintiff lessee entitled to apportionment of damages as provided in the lease or merely to the amount awarded him by the condemning power? The solution of this question depends upon whether or not paragraphs 17 and 26 of the lease are interdependent...

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