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GARIBALDI v. GARIBALDI

Docket No. 948.

264 Cal.App.2d 9 (1968)

70 Cal. Rptr. 92

HENRY GARIBALDI et al., Plaintiffs and Appellants, v. CLARENCE GARIBALDI et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

July 12, 1968.

Attorney(s) appearing for the Case

Daley, Patridge & Garrett and Richard B. Daley for Plaintiffs and Appellants.

Mazzera, Snyder & DeMartini, J. Calvert Snyder, Hughes, Maul, Fogerty & Dezzani, Charles F. Fogerty, John C. Weidman and G.E. Brewer for Defendants and Respondents.

CONLEY, P.J.

Two brothers, Henry Garibaldi and Clarence Garibaldi, and their sister, Elvira Levaggi, each owned an undivided one-third interest in common in approximately 1,500 acres of contiguous mountain land containing trees suitable for lumbering. Clarence Garibaldi wished to avail himself of the value of his share of the products from the property, and, without notifying his brother and sister, he made two contracts with Rowland Morris by which he purported to...

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