Ferry v. McNeil

Plaintiff-appellant John M. Ferry brought this action for declaratory relief against defendant-respondent John A. McNeil seeking a declaration of the rights of the respective parties.

Facts

Defendant McNeil obtained a lease from one Dan Rossi to extract sand, rock and gravel from real property (parcel one) known as Slaughterhouse Canyon, which lease expired September 5, 1961 and was renewed by him, under option contained therein, until September 4, 1966.

McNeil, on November 3, 1958, also obtained a lease from California Water and Telephone Company to extract sand, rock and gravel from an area…