TRAYNOR, J.
On November 28, 1952, the county of San Diego filed an action for declaratory relief and an accounting for monies claimed to be due for the years 1947 to 1951, inclusive, for franchises granted by the county to defendant under the Broughton Act (Pub. Util. Code, §§ 6001-6017). That act fixed the payments at "... two percent (2%) of the gross annual receipts of the grantee arising from the use, operation, or possession of the franchise."
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