Oliver v. Schene

These are appeals upon the judgment roll alone from parts of a judgment in an action for declaratory relief, and from an order made after judgment.

The respondents have moved for a dismissal on the ground that appellants have accepted the benefits of the judgment and thus waived their right to complain.

The plaintiffs, as lessors, and the defendants, as lessees, entered into a lease evidenced by two instruments dated September 23, 1957. One of these instruments was referred to as a lease and the other as an addendum and amendment to lease.

On September 19, 1958, the plaintiffs brought this…