Stockton Theatres, Inc. v. Palermo
California Court of Appeal
1Opinion of the CourtSchottky, J.
This is an appeal by plaintiff and a cross-appeal by defendant from a judgment awarding attorney’s fees to plaintiff.
On September 13, 1940, defendant’s father and plaintiff entered into a written lease for the Star Theatre, to begin on January 1, 1941. Said lease contained the following provision relating to attorney’s fees:
“If either party shall commence any legal proceedings against the other for relief because of any default by the other because of failure to perform any term, covenant or condition of this lease and shall prevail in said action, the party who has commenced and prevailed in…
2Cases cited17 opinions
- Moore v. WoodCalifornia Supreme Court · 1945
- Samuels v. OttingerCalifornia Supreme Court · 1915
- Agar v. WinslowCalifornia Supreme Court · 1899
- Ellingson v. Walsh, O'Connor & BarnesonCalifornia Supreme Court · 1940
- Levitzky v. CanningCalifornia Supreme Court · 1867
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3Cited by18 opinions
- Genis v. KrasneCalifornia Supreme Court · 1956
- Stockton Theatres, Inc. v. PalermoCalifornia Supreme Court · 1961
- Richard v. Degen & Brody, Inc.California Court of Appeal · 1960
- Mabee v. Nurseryland Garden Centers, Inc.California Court of Appeal · 1979
- Erich v. GranoffCalifornia Court of Appeal · 1980
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