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PEOPLE v. LUCAS

Docket No. Sac. 7097.

55 Cal.2d 564 (1961)

360 P.2d 321

11 Cal. Rptr. 745

THE PEOPLE, Respondent, v. ORVAL LUCAS et al., Appellants.

Supreme Court of California. In Bank.

March 23, 1961.

Attorney(s) appearing for the Case

Bronson, Bronson & McKinnon, Harold B. McKinnon and Falk & Falk for Appellants.

Stanley Mosk, Attorney General, James E. Sabine and Dan Kaufmann, Assistant Attorneys General, and Edward P. Hollingshead, Deputy Attorney General, for Respondent.

William R. MacDougall as Amicus Curiae on behalf of Respondent.

TRAYNOR, J.

On June 3, 1948, land owned by Bruce L. and Virginia B. Codding was deeded to the state for delinquent taxes for the year 1942-1943. On August 10, 1953, while the land was still deeded to the state, the Coddings agreed to sell to Orval Lucas and Elwood Woodburn all the merchantable timber on the land and warranted that there were 2,000,000 feet of fir and pine. The buyers cut and removed 812,851 feet of timber, the contract price for which was $6,502.80...

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