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TOWNE DEVELOPMENT CO. v. LEE

Docket No. L.A. 27468.

63 Cal.2d 147 (1965)

403 P.2d 724

45 Cal. Rptr. 316

TOWNE DEVELOPMENT CO., Plaintiff and Appellant, v. AL E. LEE et al., Defendants and Respondents.

Supreme Court of California. In Bank.

July 7, 1965.

Attorney(s) appearing for the Case

Oshman, Brownfield & Smith, Richard Oshman and John Joseph Hall for Plaintiff and Appellant.

Jerome T. Stewart for Defendants and Respondents.

McCOMB, J.

The trial judge granted a summary judgment in favor of defendants in an action for specific performance of a contract for the sale of land. Plaintiff appeals.

[1] A summary judgment is proper only if (1) the affidavits in support of the moving party are sufficient, strictly construed, to sustain a judgment in his favor and (2) the affidavits filed by the opponent, liberally construed, do not show facts deemed by the judge hearing the...

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