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GORDON v. J.C. PENNEY CO.

Docket No. 12073.

7 Cal.App.3d 280 (1970)

86 Cal. Rptr. 604

KENNETH W. GORDON et al., Plaintiffs and Appellants, v. J.C. PENNEY COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

May 5, 1970.

Attorney(s) appearing for the Case

COUNSEL

Long & Levit, Bert W. Levit, John B. Hook and David R. Harrison for Plaintiffs and Appellants.

Fitzwilliam, Memering, Stumbos & DeMers and John D. Stumbos for Defendant and Respondent.

OPINION

PIERCE, P.J.

Plaintiff-appellants (Gordons) are the owners of Marysville store premises. Those premises were leased from the Gordons by defendant-respondent J.C. Penney Company (Penney). The written lease was drawn by Penney. On July 9, 1964, the premises were damaged by fire. The agreed insured loss was $174,645.52. Gordons filed an action against Penney to recover those and other losses. The complaint alleged that the damage...

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