GIRARD v. MILLER

Docket No. 26034.

214 Cal.App.2d 266 (1963)

29 Cal. Rptr. 359

JOSEPH M. GIRARD et al., Plaintiffs and Appellants, v. DAVID MILLER et al., Defendants and Respondents.

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

March 21, 1963.


Attorney(s) appearing for the Case

Richard I.M. Kelton for Plaintiffs and Appellants.

David J. Sachs for Defendants and Respondents.


SHINN, P.J.

The present action is for a judgment forfeiting to Girard the title to a residential lot of defendants Miller (lot 26, tract 23261) by reason of violation of a condition subsequent allegedly contained in tract restrictions. The demurrer of defendants to the second amended complaint as amended was sustained without leave to amend and judgment for defendants was entered. Plaintiffs appeal.

The lot in question was purchased by Miller from Lee Realty...

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