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MERCER v. LEMMENS

Docket No. 28134.

230 Cal.App.2d 167 (1964)

40 Cal. Rptr. 803

ROBERT L. MERCER et al., Plaintiffs and Respondents, v. LEO W. LEMMENS, as Administrator, etc., et al., Defendants and Appellants.

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

October 16, 1964.

Attorney(s) appearing for the Case

Cadoo, Tretheway & McGinn and Jack W. Morgan for Defendants and Appellants.

Healy & Helm and Richard F. Healy for Plaintiffs and Respondents.

BURKE, P.J.

Plaintiffs sued for damages for breach of a contract which had accorded them a preemptive right to purchase a particular parcel of real property from defendant.1 At the time of purchase of one lot from defendant the parties had included in the deposit receipt the clause, "If seller decides to sell the other 50 foot lot he will give buyer first chance to purchase at $10,000.00." The receipt was dated June 8, 1955. In the escrow...

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