BUTCHER v. DAUZ

Docket No. 30425.

257 Cal.App.2d 524 (1967)

65 Cal. Rptr. 166

ELWIN E. BUTCHER, Plaintiff and Respondent, v. MARIANO DAUZ et al., Defendants and Appellants.

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

December 27, 1967.


Attorney(s) appearing for the Case

Block, Toler, Bulloch & Biggerstaff and Ralph A. Biggerstaff for Defendants and Appellants.

Hall & Mirassou and J.B. Mirassou for Plaintiff and Respondent.


FILES, P.J.

Plaintiff, a subdivider and builder, entered into a written agreement to purchase land from defendants, husband and wife. This action was brought for specific performance of the agreement, or in the alternative, for damages. After a trial without a jury the court awarded plaintiff damages in the sum of $6,000. Defendants are appealing from the judgment.

The underlying facts, which are not in substantial dispute, will be outlined first.

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