Wommack v. McClure

Plaintiffs M. V. Wommack and Arlie R. Wommack, his wife, have appealed from a judgment in favor of defendant and from the order of court denying plaintiffs’ motion to vacate the judgment and for new trial. Plaintiffs sought declaratory relief, cancellation of a lease, and damages.

Appellants are lessors and respondent is the lessee of premises used by respondent for a truck terminal in Sacramento, California. It consists of a service station, truck terminal, and a large storage and repair building near the rear.

Under the lease the premises are divided into two portions. One of these is the…