RABINOWITCH v. CAL. WESTERN GAS CO.

Docket No. 24042.

257 Cal.App.2d 150 (1967)

65 Cal. Rptr. 1

BERNARD Z. RABINOWITCH, as Trustee, etc., Plaintiff and Appellant, v. CALIFORNIA WESTERN GAS COMPANY et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Four.

December 19, 1967.


Attorney(s) appearing for the Case

Betts & Deane and William J. Betts for Plaintiff and Appellant.

Schumann & Ziering and William M. Ziering for Defendants and Appellants.


CHRISTIAN, J.

In this action for rent due under a lease, the trial court awarded the lessor $28,325 rent and $2,500 attorneys' fees. On appeal, the lessee contends that the award of rent involved, in effect, an unauthorized rewriting of the lease by the court and that attorneys' fees should not have been allowed as they had been waived by stipulation. The lessor's cross-appeal attacks both the trial court's failure to award interest upon unpaid rent which accrued...

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