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KIRK CORP. v. FIRST AMERICAN TITLE CO.

Docket No. C003667.

220 Cal.App.3d 785 (1990)

270 Cal. Rptr. 24

KIRK CORPORATION et al., Plaintiffs and Appellants, v. FIRST AMERICAN TITLE COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Third District.

February 15, 1990.

Attorney(s) appearing for the Case

COUNSEL

Richard Lindstrom for Plaintiffs and Appellants.

Riley, Combellack & Driscoll, Patrick J. Riley, Miller, Starr & Regalia and Edmund L. Regalia for Defendants and Respondents.

OPINION

DAVIS, J. —

INTRODUCTION

This appeal involves a commercial lease to operate a bar and restaurant in one unit of plaintiffs' Kirkwood Tower "Whiskey Run" condominium project located in Alpine County. In January 1983, plaintiffs obtained a $1.8 million construction loan from Canadian Commercial Bank. During this transaction, a document entitled "Cancellation of Lease" was executed. Neither the lender's nor the...

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