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BUTLER v. NEPPLE

Docket No. L.A. 25356.

54 Cal.2d 589 (1960)

354 P.2d 239

6 Cal. Rptr. 767

J.P. BUTLER, Plaintiff and Respondent, v. EDWARD NEPPLE, Defendant and Appellant; RAYMOND C. TURNBULL et al., Cross-Defendants and Respondents; NEPPLE PARTNERSHIP A (a Limited Partnership) et al., Third Party Claimants and Appellants.

Supreme Court of California. In Bank.

August 10, 1960.

Attorney(s) appearing for the Case

Kendall & Howell and Donald G. Kendall for Appellants.

Brown & Grisham and Roy J. Brown for Respondents.

DOOLING, J.

Plaintiff as assignee of one Turnbull brought this action to recover delay rentals claimed to be due under paragraph 3 of an assignment of an oil and gas lease. The case was tried by the court without a jury. Judgment was rendered for plaintiff in the sum of $20,352 (being six months' rental at $3,000 per month, plus interest). Meanwhile levy had been made on two bank accounts, purportedly belonging to defendant. After the entry of judgment, a third party...

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