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FRED A. CHAPIN LUMBER CO. v. LUMBER BARGAINS

Docket No. 6615.

189 Cal.App.2d 613 (1961)

11 Cal. Rptr. 634

FRED A. CHAPIN LUMBER COMPANY (a Corporation), Appellant, v. LUMBER BARGAINS, INC. (a Corporation) et al., Defendants; GIBSON LUMBER COMPANY (a Corporation), Respondent.

Court of Appeals of California, Fourth District.

March 1, 1961.

Attorney(s) appearing for the Case

Fullerton & Morris for Appellant.

Surr & Hellyer for Respondent.

COUGHLIN, J.

This is an appeal from a judgment on the pleadings in favor of a lessee in an action by a lessor to recover damages for the destruction of its buildings as the result of a fire caused by the lessee's negligence. Due execution of the subject lease was alleged in the answer of the defendant Gibson Lumber Company, a corporation; a copy thereof was attached; no denial was filed; therefore, the allegation of due execution was admitted. (Code Civ. Proc., &...

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