Clinton

Clinton v. 4911 Van Nuys Ltd.

Good Law
212 Cal. App. 2d 703·28 Cal. Rptr. 170
Court of Appeal of CaliforniaFebruary 6, 1963Civ. No. 26329California1,320 words

Opinion

Lead Opinion

Burke, J.

This is an appeal by Richard H. Clinton (“Clinton”) and Joan F. Clinton from a judgment rendered against them as cross-complainants and in favor of cross-defendants 4911 Van Nuys Building, a limited partnership, Van-River, Inc., a California corporation, George A. Cordingly, Sr., president of Van-River, Inc. (collectively referred to herein as “Van Nuys”), Holland and Card House Movers, *704 J. C. Holland and O. F. Card (collectively referred to herein as “Holland”). The court adjudged that cross-complainants take nothing by reason of their cross-complaint and that cross-defendants have judgment for their costs of action and that in addition Holland have judgment against cross-complainants for the sum of $300. All other parties to the complaint and cross-complaints have been dismissed.

The court made detailed findings of fact as follows: In August 1957 Van Nuys acquired certain improved real property from Leetate Smith. As a part of the escrow for the purchase of the property Van Nuys gave Smith the privilege of removing the existing house and garage at his own cost, provided that it be accomplished by October 1, 1957. On September 4, 1957, Smith sold his privilege to remove the…

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