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PAY LESS DRUG STORES v. BECHDOLT

Docket No. 17779.

92 Cal.App.3d 496 (1979)

155 Cal. Rptr. 58

PAY LESS DRUG STORES, Plaintiff and Appellant, v. ELSIE B. BECHDOLT, Individually and as Co-executor, et al., Defendants and Respondents.

Court of Appeals of California, Third District.

April 30, 1979.

Attorney(s) appearing for the Case

COUNSEL

Fitzgerald, Abbott & Beardsley and Richard T. White for Plaintiff and Appellant.

Lyle H. Shattuck for Defendants and Respondents.

OPINION

PARAS, J.

The issue to be determined by this appeal is whether a suit for rescission of an executed land sale contract against personal representatives of a deceased seller is a claim "arising upon contract" within the purview of Probate Code section 707, subdivision (a).1 With exceptions not here relevant, that section specifies that "all claims...

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