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PHILLIPS v. BARTON

Docket No. 26049.

207 Cal.App.2d 488 (1962)

24 Cal. Rptr. 527

FRANK PHILLIPS et al., Plaintiffs, Cross-defendants and Respondents, v. THOMAS F. BARTON, JR., Defendant, Cross-complainant and Respondent; J.K. McELDOWNEY, Defendant, Cross-complainant and Appellant.

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

September 7, 1962.

Attorney(s) appearing for the Case

Hy Schwartz for Defendant, Cross-complainant and Appellant.

Eugene C. Berchin for Plaintiffs, Cross-defendants and Respondents.

No appearance for Defendant, Cross-defendant and Respondent.

ASHBURN, J.

Basically, plaintiffs' complaint is an action to recover earnest money following the failure to consummate an agreement to purchase a restaurant. Plaintiffs Phillips recovered judgment against J.K. McEldowney, the defendant seller, and defendant Thomas F. Barton, Jr., the broker; defendant McEldowney appeals.

On October 26, 1959, plaintiffs Frank and Lydia Phillips had extended discussions with defendant J.K. McEldowney for the purchase of the...

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