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BERRY v. KETTLE

Docket No. 23979.

256 Cal.App.2d 252 (1967)

63 Cal. Rptr. 804

ORVAN M. BERRY, Defendant and Respondent, v. CECIL A. KETTLE et al., Defendants and Appellants.

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

November 22, 1967.

Attorney(s) appearing for the Case

Fitzgerald, Rattigan & Von Der Mehden, John D. Fitzgerald and Hotle & McConnell and William H. McConnell for Defendants and Appellants.

Charles M. Giovanetti for Defendant and Respondent.

TAYLOR, J.

This is an appeal by the buyers from a judgment granting a part of a condemnation award to the seller. The sole question is whether, pursuant to the agreement of the parties, the seller was entitled to receive a portion of the award after the property was taken by right of eminent domain.

The facts are stipulated. On October 5, 1961, respondent Berry,1 the seller, executed an agreement for the conveyance of certain real...

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