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ELLIS v. MIHELIS

Docket No. S.F. 20886.

60 Cal.2d 206 (1963)

384 P.2d 7

32 Cal. Rptr. 415

HERBERT E. ELLIS, JR., Plaintiff and Appellant, v. PERICLES MIHELIS et al., Defendants and Appellants.

Supreme Court of California. In Bank.

August 5, 1963.

Attorney(s) appearing for the Case

Orr, Heuring & Wendel and Victor D. Rosen for Plaintiff and Appellant.

Alfred Nelson and Jerome R. Waldie for Defendants and Appellants.

GIBSON, C.J.

Herbert Ellis brought this action against Pericles Mihelis and Elias Mihelis to compel them to specifically perform a contract for the sale of real property and for damages resulting from their failure to convey the property to him. Defendants have appealed from the judgment decreeing specific performance and awarding damages. Plaintiff has cross-appealed on the issue of damages.

The principal contentions of defendants are (1) that plaintiff is...

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