HANNULA v. HACIENDA HOMES

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District Court of Appeal, First District, Division 2, California.

HANNULA v. HACIENDA HOMES, Inc.

Civ. 13854.

Decided: April 13, 1949

Nathan G. Gray, of Berkeley, for appellant. Breed, Robinson & Stewart, of Oakland, for respondent.

On petition for rehearing appellant asserts that the only question actually litigated in the trial court was the question of the power of respondent to determine that a portion of a lot is not a suitable building site and that the question of the reasonableness of that determination in this case was by agreement of the parties not submitted to the trial court. From an examination of the record this seems to be correct. In affirming the judgment therefore we expressly hold that its effect as res judicata is limited to the determination of the power of respondent in a proper case under the restrictions involved to determine that a portion of a lot is not a suitable building site, leaving open the question of the propriety of respondent's action upon any future application which may be hereafter submitted to respondent to build a particular structure on the portion of the lot owned by appellant.

Rehearing denied.

PER CURIAM.