SCARBERY v. BILL PATCH LAND & WATER CO.

Docket No. 5899.

170 Cal.App.2d 368 (1959)

338 P.2d 916

DORACE E. SCARBERY et al., Appellants, v. BILL PATCH LAND AND WATER COMPANY (a Corporation) et al., Respondents.

Court of Appeals of California, Fourth District.

May 14, 1959.


Attorney(s) appearing for the Case

Charles E. Burch, Jr., and John B. Gregory for Appellants.

Swing, Scharnikow & Staniforth, C.H. Scharnikow and Douglas R. Woodworth for Respondents.


MUSSELL, J.

This is an action for declaratory relief, to quiet title, and for a judgment declaring that all rights of the defendants arising out of a "lease and option to buy" have been terminated and canceled by reason of their failure to perform the conditions and covenants therein to be performed by them. (The corporate and individual defendants are hereinafter referred to as "defendant.")

The trial court found that the purpose of the "lease and option...

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