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BANVILLE v. SCHMIDT

Docket No. 13027.

37 Cal.App.3d 92 (1974)

112 Cal. Rptr. 126

THOMAS G. BANVILLE et al., Plaintiffs and Appellants, v. WILLIAM D. SCHMIDT et al., Defendants, Cross-complainants and Respondents; TOM KIERNAN COMPANY REALTORS, INC., Defendant, Cross-complainant and Appellant.

Court of Appeals of California, Third District.

February 4, 1974.

Attorney(s) appearing for the Case

COUNSEL

Gualco, Hummel & Gualco and Allan Melikian for Plaintiffs and Appellants.

McConnell, Backus & Carson, Malcolm L. McConnell and Robert Hoffman for Defendant, Cross-complainant and Appellant.

Dahl, Hefner, Stark, Marois & James, Theodore M. Marois, Jr., and Max H. Hoseit for Defendants, Cross-complainants and Respondents.

OPINION

JANES, J.

Plaintiffs Thomas G. Banville and Margaret J. Banville brought an action for rescission of a real estate sale and for damages for negligence, fraud, and misrepresentation. After a nonjury trial, judgment was entered as follows:

(1) For plaintiffs and against defendants William D. Schmidt (Schmidt) and Tom Kiernan Realtors, Inc. (Kiernan Company) in the amount of $12,360, and against Schmidt for an additional...

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