Stockton Dry Goods Co. v. Girsh

The plaintiff as lessor brought an action against the defendant lessee for declaratory relief pursuant to section 1060 of the Code of Civil Procedure. The existence of a controversy was alleged and placed in issue by the defendant’s answer. The trial court found that a controversy existed as to a proper construction of the terms of the lease, and basing its findings on stipulated facts and the language of the lease, rendered judgment for the plaintiff. The defendant appealed.

The plaintiff owns a department store in the city of Stockton. For about 20 years prior to March, 1944, one Ben…