NELSON v. SPERLING

Docket No. 32609.

270 Cal.App.2d 194 (1969)

76 Cal. Rptr. 481

ALFRED G. NELSON, Plaintiff and Respondent, v. BETTY SPERLING, Defendant and Appellant.

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

February 26, 1969.


Attorney(s) appearing for the Case

Joseph W. Fairfield, Ethelyn F. Black and Alfred W. Omansky for Defendant and Appellant.

Baker, LeBel & McNairy and Robert N. Baker, Jr., for Plaintiff and Respondent.


COBEY, J.

This is an appeal from a judgment, following a trial to the court, that plaintiff recover from defendant the principal amount of $3,300. This is the amount that plaintiff paid defendant for an unassembled, prefabricated house known as a Lindal Malibu Kit, which was never delivered to plaintiff, because subsequent to this sale the manufacturer of the house did not deliver it. Defendant had won the house in a drawing. The trial court concluded that there had...

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