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MORRIS v. ZUCKERMAN

Docket No. 31597.

257 Cal.App.2d 91 (1967)

64 Cal. Rptr. 714

BARNEY R. MORRIS et al., Plaintiffs and Respondents, v. EDWARD K. ZUCKERMAN et al., Defendants and Appellants.

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

December 18, 1967.

Attorney(s) appearing for the Case

Musick, Peeler & Garrett and Edward J. Riordan for Defendants and Appellants.

Latham & Watkins and Alan N. Halkett for Plaintiffs and Respondents.

LILLIE, J.

In October of 1965 respondents Morris instituted an action against appellants Zuckerman for judicial partition of certain real property owned by the respective parties as tenants in common. Relying on a written agreement (hereinafter referred to as "the Agreement") executed by all concerned on December 14, 1962, the Zuckermans by separate defenses alleged a waiver by Morris and his wife of their right to partition...

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