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SMITH v. ALLEN

Docket No. L.A. 29526.

68 Cal.2d 93 (1968)

436 P.2d 65

65 Cal. Rptr. 153

MAY EMERSON SMITH et al., Plaintiffs and Appellants, v. DEANE ALLEN et al., Defendants and Respondents.

Supreme Court of California. In Bank.

January 23, 1968.

Attorney(s) appearing for the Case

Clifford W. Twombly for Plaintiffs and Appellants.

Rutan & Tucker, John B. Hurlbut, Jr., and Herbert W. Walker for Defendants and Respondents.

Paul E. Homrighausen, Noel W. Nellis, Morrison, Foerster, Holloway, Clinton & Clark and Robert D. Raven as Amici Curiae on behalf of Defendants and Respondents.

McCOMB, J.

Plaintiffs appeal from a judgment of dismissal entered after a general demurrer was sustained to their amended complaint seeking damages for unjust enrichment in a transaction involving the sale of residential property to them by defendants, the latter having reacquired the property in foreclosure proceedings.

Facts: On August 15, 1963, plaintiffs and defendants executed an instrument labeled "Real Estate Option," under which plaintiffs agreed...

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