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CONNOR v. GREAT WESTERN SAV. & LOAN ASSN.

Docket Nos. L.A. 28698, 28699.

69 Cal.2d 850 (1968)

447 P.2d 609

73 Cal. Rptr. 369

RAYMOND E. CONNOR et al., Plaintiffs, Cross-defendants and Appellants, v. GREAT WESTERN SAVINGS AND LOAN ASSOCIATION, Defendant, Cross-defendant and Respondent; MEYER PRITKIN et al., Defendants, Cross-complainants and Appellants. JAMES L. BURGESS et al., Plaintiffs, Cross-defendants and Appellants, v. GREAT WESTERN SAVINGS AND LOAN ASSOCIATION, Defendant, Cross-defendant and Respondent; MEYER PRITKIN et al., Defendants, Cross-complainants and Appellants. (Consolidated Appeals.)

Supreme Court of California. In Bank.

December 12, 1968.

Attorney(s) appearing for the Case

Harris K. Lyle, Edward L. Lascher, Lyle & Di Giuseppe and James Di Giuseppe for Plaintiffs, Cross-defendants and Appellants.

Overton, Lyman & Prince, Ernest E. Johnson, Phyllis M. Hix, John McClure and Lynn O. Poulson for Defendants, Cross-complainants and Appellants.

Thomas L. Fike, Thomas Schneider, Cherie A. Gaines, Mark C. Peery, Fadem & Kanner, Jerrold D. Fadem, Ernest L. Graves and Gideon Kanner as Amici Curiae on behalf of Plaintiffs, Cross-defendants and Appellants and Defendants, Cross-complainants and Appellants.

Swerdlow, Glikbarg & Shimer, Irving A. Shimer, Michael H. Shapiro and William D. Moore for Defendant, Cross-defendant and Respondent.

Thomas C. Lynch, Attorney General, Herbert E. Wenig, Assistant Attorney General, Anthony C. Joseph, Deputy Attorney General, Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Herman F. Selvin, Charles E. Jones, Landels, Ripley, Gregory & Diamond, Edward D. Landels, Morrison, Foerster, Holloway, Clinton & Clark, Paul E. Homrighausen and Melvin R. Goldman as Amici Curiae on behalf of Defendant, Cross-defendant and Respondent.

TRAYNOR, C.J.

These consolidated appeals are from a judgment of nonsuit in favor of defendant Great Western Savings and Loan Association in two actions consolidated for trial.

Plaintiffs in each action purchased single-family homes in a residential tract development known as Weathersfield, located on tracts 1158, 1159, and 1160 in Ventura County. Thereafter their homes suffered serious damage from cracking caused by ill-designed foundations that could not...

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