WARSHAUER v. BAUER CONSTRUCTION CO.

Docket No. 18755.

179 Cal.App.2d 44 (1960)

3 Cal. Rptr. 570

BERNARD L. WARSHAUER et al., Appellants, v. BAUER CONSTRUCTION COMPANY, INC. (a Corporation) et al., Respondents.

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

March 21, 1960.


Attorney(s) appearing for the Case

Charles M. Stark and Paul W. McComish for Appellants.

Charles J. Katz, Carr, McClellan, Ingersoll & Thompson, and Richard E. Hawk for Respondents.


TAYLOR, J. pro tem.*

This is an appeal from a judgment after trial by the court denying plaintiffs a recovery from defendant Bauer-Lesser of a $4,070 down payment on a house collected by Bauer-Lesser's sales agent, defendant Wilson Dills Realty Company.

The material facts are not in dispute. On July 7, 1955, the defendant Bauer-Lesser and defendant Wilson Dills Realty, hereafter referred to as defendant Dills, executed an exclusive...

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