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BETTANCOURT v. GILROY THEATRE CO., INC.

Docket No. 15506.

120 Cal.App.2d 364 (1953)

261 P.2d 351

ALFRED R. BETTANCOURT et al., Appellants, v. GILROY THEATRE COMPANY, INC. (a Corporation), Respondent.

Court of Appeals of California, First District, Division One.

September 25, 1953.

Attorney(s) appearing for the Case

Roland R. King for Appellants.

B.E. Kragen, Lionel B. Benas, Edward M. Fellows and Edward Stern for Respondent.

WOOD (Fred B.), J.

Plaintiffs Alfred R. Bettancourt and Clara H. Bettancourt have appealed from a judgment of nonsuit in their action against Gilroy Theatre Company, Inc., for damages for failure of the defendant to perform an alleged contract "to erect a First class Theatre" on certain described real property in the city of Gilroy, California.

The contract in question, dated February 12, 1947, was written upon a printed form designated "Receipt and...

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