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HARDY v. CARMICHAEL

Docket No. 25985.

207 Cal.App.2d 218 (1962)

24 Cal. Rptr. 475

HARRY C. HARDY et al., Plaintiffs and Respondents, v. ASA B. CARMICHAEL et al., Defendants and Appellants.

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

August 29, 1962.

Attorney(s) appearing for the Case

Henry C. Rohr, Joseph O. Edwards and Ernest G. Cade for Defendants and Appellants.

Anderson & Griffin and William T. Anderson for Plaintiffs and Respondents.

WOOD, P.J.

Plaintiffs Mr. and Mrs. Hardy purchased a dwelling house from defendants Mr. and Mrs. Carmichael for $13,125. The purchase agreement was evidenced by a "deposit receipt" and by escrow instructions. A provision in the receipt was: "Seller to furnish Termite clearance showing property free & clear of all visible evidence of fungi, Termites & Dry rot." A provision in the instructions was: "Current termite...

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