Legal Opinion
Enos v. Foster
California Court of Appeal
Decided November 12, 1957No. Civ. 17414PublishedCited by 17 opinions
1Opinion of the CourtBray, J.
Plaintiff’s motions to strike defendant’s answer, for summary judgment and judgment on the pleadings, were granted. Defendant appeals from the judgment entered thereon.
Questions Presented
Was plaintiff lessee entitled to apportionment of damages as provided in the lease or merely to the amount awarded him by the condemning power? The solution of this question depends upon whether or not paragraphs 17 and 26 of the lease are interdependent.
Record
February 2, 1947, Louise S. Pheby, defendant’s testate, leased to plaintiff certain real property in Berkeley for a period beyond the date of the…
2Cases cited11 opinions
- Estate of PlattCalifornia Supreme Court · 1942
- Eagle Oil & Refining Co. v. PrenticeCalifornia Supreme Court · 1942
- Walsh v. WalshCalifornia Supreme Court · 1941
- Medico-Dental Building Co. v. Horton & ConverseCalifornia Supreme Court · 1942
- Arnold v. KrigbaumCalifornia Supreme Court · 1915
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3Cited by17 opinions
- Magna Development Co. v. ReedCalifornia Court of Appeal · 1964
- Walker v. MunroCalifornia Court of Appeal · 1960
- Jones-Hamilton Co. v. Franchise Tax BoardCalifornia Court of Appeal · 1968
- Spencer v. Hibernia BankCalifornia Court of Appeal · 1960
- People Ex Rel. Mosk v. City of Santa BarbaraCalifornia Court of Appeal · 1961
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