WHITTAKER v. THOMPSON

Docket No. Sac. 6854.

53 Cal.2d 192 (1959)

347 P.2d 7

1 Cal. Rptr. 7

C.A. WHITTAKER et al., Respondents, v. WALTER C. THOMPSON et al., Appellants.

Supreme Court of California. In Bank.

December 8, 1959.


Attorney(s) appearing for the Case

Geary, Spridgen & Moskowitz and John H. Moskowitz for Appellants.

Burke & Rawles and Wayne P. Burke for Respondents.


McCOMB, J.

Defendants appeal from a judgment in favor of plaintiffs in an action to recover the value of timber alleged to have been removed from plaintiffs' property under a timber sales agreement.

The stipulated facts are:

(i) On July 3, 1948, plaintiffs and defendants executed a written agreement which provided for the sale by defendants to plaintiffs of certain real property described therein for a purchase price of $47,500. It provided that the...

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