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CROFOOT LUMBER, INC. v. THOMPSON

Docket No. 9326.

163 Cal.App.2d 324 (1958)

329 P.2d 302

CROFOOT LUMBER, INC. (a Corporation), Respondent, v. HENRY THOMPSON et al., Defendants and Appellants; JACK LEWIS et al., Interveners and Appellants.

Court of Appeals of California, Third District.

September 3, 1958.

Attorney(s) appearing for the Case

Francis M. Passalacqua, McKenzie, Arata & Murphy, Kasch & Cook and Brobeck, Phleger & Harrison for Appellants.

Spurr & Brunner and Sullivan, Roche, Johnson & Farraher for Respondent.

VAN DYKE, P.J.

This is an appeal from a judgment declaring the rescission in fact of a contract whereby the predecessor in interest of plaintiff-respondent agreed to sell to Henry Thompson and Jack Edsell the merchantable timber upon land in Mendocino County.

The contract made August 15, 1949, read as follows:

"This agreement entered into between H.C. Crofoot (Seller) and Henry Thompson and Jack Edsell (Purchasers) this 15th day of August 1949, whereby...

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