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RICHARD v. DEGEN & BRODY, INC.

Docket No. 24162.

181 Cal.App.2d 289 (1960)

5 Cal. Rptr. 263

L.M. RICHARD, JR., Plaintiff and Appellant, v. DEGEN AND BRODY, INCORPORATED (a Corporation) et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Two.

May 25, 1960.

Attorney(s) appearing for the Case

Baker, Cleveland & Erpelding and John W. Erpelding for Plaintiff and Appellant.

Max Fink, William E. Bartley and Howard L. Thaler for Defendants and Appellants.

ASHBURN, J.

Unlawful detainer action. Plaintiff recovered judgment and defendants appeal; plaintiff also appeals.

Plaintiff acquired the property from Robert Lee Myer through an escrow which was opened on May 8, 1958, and closed on June 30, 1958. The premises were under lease to defendant Degen and Brody, Incorporated, the term having some two years to run. That lease forbade assignment or subleasing by the lessee without written consent of the lessor, and...

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