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HARVEY v. DAVIS

Docket No. S.F. 22241.

69 Cal.2d 362 (1968)

444 P.2d 705

71 Cal. Rptr. 129

CLARENCE B. HARVEY et al., Plaintiffs and Respondents, v. HENRY D. DAVIS et al., Defendants and Appellants.

Supreme Court of California. In Bank.

September 13, 1968.

Attorney(s) appearing for the Case

Field, DeGoff & Rieman and Sidney F. DeGoff for Defendants and Appellants.

Weir, Hopkins, Jordan & Mitchell, Weir, Hopkins, Donovan & Zavlaris, John F. Hopkins and Robert H. Weir for Plaintiffs and Respondents.

Thomas C. Lynch, Attorney General, Herbert E. Wenig, Assistant Attorney General, and Burch Fitzpatrick, Deputy Attorney General, as Amici Curiae on behalf of Plaintiffs and Respondents.

TRAYNOR, C.J.

In February 1963 plaintiffs Clarence and Stella Harvey, who owned improved real property in Los Gatos, listed the property for sale with Grant Rowe, a licensed real estate broker. Defendant Henry Davis answered Rowe's advertisement of the property and expressed interest in buying it for himself and his wife. After preliminary negotiations, the Davises submitted a written offer through Rowe to exchange for the...

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