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BIDART BROS. v. ELMO FARMING CO.

Docket No. 41872.

35 Cal.App.3d 248 (1973)

110 Cal. Rptr. 819

BIDART BROS., Plaintiff and Appellant, v. ELMO FARMING COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

November 12, 1973.

Attorney(s) appearing for the Case

COUNSEL

Conron, Heard & James, Calvin H. Conron, Jr., Crossland, Crossland, Caswell & Bell, William C. Crossland, James M. Bell and Robert L. Sullivan, Jr., for Plaintiff and Appellant.

Borton, Petrini, Conron, Wetteroth, Hitchcock, Werdel & Kuhs and William C. Kuhs for Defendant and Respondent.

OPINION

HASTINGS, J.

Bidart Bros. (Bidart), plaintiff and appellant, sued Elmo Farming Company (Elmo), defendant and respondent, to recover rents collected by Elmo on behalf of Bidart. The rents were on lands sold to Bidart by Elmo but subject to certain leases. The trial court permitted Elmo to set off the rents against claims asserted under purchase price promissory notes and deeds of trust. Bidart appeals.

FACTS

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