KERR v. BREDE

Docket No. 9743.

180 Cal.App.2d 149 (1960)

4 Cal. Rptr. 443

GUY BURDETTE KERR et al., Appellants, v. HERBERT C. BREDE, JR., et al., Respondents.

Court of Appeals of California, Third District.

April 20, 1960.


Attorney(s) appearing for the Case

Mitchell & Henderson and Cooley, Crowley, Gaither, Godward, Castro & Huddleson for Appellants.

Mathews & Traverse for Respondents.


PEEK, J.

Defendants own an easement of right-of-way across plaintiffs' timber land, acquired by grant. For several years prior to the filing of the present complaint defendants, by licensing independent loggers and truckers to use the road, have in effect operated a toll road. Plaintiffs contend that this licensing is in violation of the terms of the contract entered into by the predecessors in interest of the parties, and accordingly seek injunctive relief. The only...

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