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DUSOLD v. JOHNSTON

Docket No. 161359.

101 Cal.App.2d Supp. 907 (1950)

225 P.2d 536

ED DUSOLD et al., Appellants, v. RICHARD B. JOHNSTON, Respondent.

Court of Appeals of California, Appellate Department, Superior Court, San Diego.

December 7, 1950.

Attorney(s) appearing for the Case

Edwin M. Campbell for Appellants.

Miller, Higgs & Fletcher for Respondent.

BURCH, J.

Pending negotiations for the leasing of a storeroom, the plaintiffs deposited with the defendant the sum of $450. By this action they seek its recovery, with interest, upon the ground that the negotiations were abortive and that no enforceable contract resulted. Defendant claims a binding obligation was entered into by the terms of which and because of the breach of the plaintiffs he is entitled to retain the $450 as damages. Judgment below was for the defendant...

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