Provident Land Corp. v. Benoit

California Supreme Court Nov 28, 1938 No. Sac. No. 5135Published

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Holding. The court reversed the judgment and directed the trial court to overrule the demurrers, allowing the defendants to answer, based on the controlling decision in the companion case of Provident Land Corp. v. Zumwalt.

Issues

Whether the judgment should be reversed based on the decision in the companion case of Provident Land Corp. v. Zumwalt.

Disposition. reversed

Quotations verified verbatim against the opinion

“the judgment is reversed with directions to the trial court to overrule the demurrers and permit defendants to answer if they deem it advisable to do so.”

THE COURT. This is a companion case to Provident Land Corp. v. Zumwalt, Sac. No. 5133 (ante, p. 365 [85 Pac. (2d) 116]), this day decided. The issues raised are identical, and the decision therein is controlling. For the reasons stated in said ease, the judgment is reversed with directions to the trial court to overrule the demurrers and permit defendants to answer if they deem it advisable to do so.

Rehearing denied.

Provident Land Corp. v. Benoit

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