American Enterprise, Inc. v. Van Winkle

39 Cal.2d 210 (1952)

AMERICAN ENTERPRISE, INC. (a Corporation), Appellant,

v.

WALTER S. VAN WINKLE, Respondent.

S. F. No. 18261.

Supreme Court of California. In Bank.

July 8, 1952.

Donahue, Richards, Rowell & Gallagher and George E. Thomas for Appellant.

Mancuso, Herron & Winn and John Wayne Herron for Respondent.

EDMONDS, J.

American Enterprise, Inc., brought an action in declaratory relief to determine its rights, and also those of Walter S. Van Winkle, under a lease. By certain provisions of the lease, in the event the property was taken for public use by a proceeding in eminent domain, the lessor…