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WESTERN HOMES, INC. v. HERBERT KETELL, INC.

Docket No. 22513.

236 Cal.App.2d 142 (1965)

45 Cal. Rptr. 856

WESTERN HOMES, INC. et al., Plaintiffs and Appellants, v. HERBERT KETELL, INC. et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

July 28, 1965.

Attorney(s) appearing for the Case

Berlin, O'Grady, Doll & Goodman, Sidney L. Berlin, and I.R. Goodman for Plaintiffs and Appellants.

Dolwig & Athearn, Richard J. Dolwig and Forden Athearn for Defendants and Respondents.

DEVINE, J.

Appellant, plaintiff,1 seeks reversal of judgment of dismissal which followed sustaining of demurrer to the third amended complaint. Leave was given to amend, but plaintiff declined to amend. The complaint is put into the form of suit for declaratory relief, but essentially the cause is based upon an alleged third party beneficiary contract.

Respondents Ketell made a contract with parties defendant Saich (who did not...

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