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District Court of Appeal, Fourth District, California.

E. Perry CHURCHILL, Plaintiff and Respondent, v. TITLE INSURANCE & TRUST COMPANY (a Corporation) et al., Defendants; Title Insurance & Trust Company (a Corporation), Defendant and Appellant.

Civ. 2123.

Decided: January 17, 1938

P. Talbot Hannigan, of Los Angeles (Francis P. Harrington, of Los Angeles, of counsel), for appellant. Musick & Burrell and Clayton Straub, all of Los Angeles (James E. Bednar, of Los Angeles, of counsel), for respondent.

The material facts involved in this appeal are exactly similar in all respects to those involved in Churchill v. Title Insurance & Trust Company et al., Cal.App., 75 P.2d 526, this day decided. The same question of law is presented, and for the reasons given in the case referred to and on the authority thereof the judgment herein appealed from is affirmed.

BARNARD, Presiding Justice.

I concur: MARKS, J.

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