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CAPITAIN v. L.A. WRECKING CO.

Docket No. L.A. 21870.

37 Cal.2d 527 (1951)

233 P.2d 544

JOSEPH CAPITAIN, Respondent, v. L.A. WRECKING COMPANY et al., Appellants.

Supreme Court of California. In Bank.

July 3, 1951.

Attorney(s) appearing for the Case

Bloom & Bloom and Eleanor V. Jackson for Appellants.

Barry Sullivan for Respondent.

CARTER, J.

The trial court found that on December 17, 1947, defendants, L.A. Wrecking Company, a partnership, and the partners, the owners of a house situated on a lot in Los Angeles, entered into an agreement to sell the house to plaintiff and move it to Bandini, California, for a total sum not exceeding $6,500 delivered. A $500 deposit or down payment was made and thereafter on April 2, 1948, a second deposit of $3,000 was made and accepted while the house was still...

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