Hirschberg

Hirschberg v. Goodwin

Good Law
113 Cal. App. 550·1931 Cal. App. LEXIS 879·298 P. 855
Court of Appeal of CaliforniaApril 20, 1931Docket No. 712.California738 words

Opinion

Lead Opinion

Marks, J.

Appellant was the owner of a parcel of land near Azusa in Los Angeles County, California, which will be hereafter referred to as the Azusa property. Respondents were the owners of a house and lot in the city of Venice, now the city of Los Angeles. Appellant instituted her action against respondents to quiet title to a portion of the Azusa property and to recover possession, together with damages for its wrongful detention. It was alleged in her complaint that the reasonable rental value of that portion of the property occupied by respondents was $50 per month for slightly over four months and $100 per month thereafter. This particular allegation was not denied. All of the other material allegations of appellant’s complaint were denied in the answer of respondents. They filed a cross-complaint against appellant seeking to specifically enforce an agreement of exchange of their Venice property for a portion of the Azusa property. The court found against appellant upon her action to quiet title and for recovery of the possession of the Azusa property, and in favor of respondents on their cross-complaint to specifically enforce the contract of exchange. No finding was made upon the…

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