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KUSMARK v. MONTGOMERY WARD & CO., INC.

Docket No. 29166.

249 Cal.App.2d 585 (1967)

57 Cal. Rptr. 678

BERNARD KUSMARK et al., Plaintiffs and Appellants, v. MONTGOMERY WARD & CO., INCORPORATED, Defendant and Respondent.

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

March 20, 1967.

Attorney(s) appearing for the Case

Whyte & Schifferman, John Whyte and Robert P. Schifferman for Plaintiffs and Appellants.

Belcher, Henzie & Biegenzahn and George M. Henzie for Defendant and Respondent.

FILES, P.J.

This action was brought to obtain a judicial interpretation of a lease by which plaintiffs, as landlord, leased real property to defendant, as tenant, for a term of 30 years commencing June 1, 1946. Plaintiffs' contention is that defendant is obligated to raze the existing building and erect a new building on the premises suitable for its mercantile business. After a court trial in which extrinsic evidence...

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