LENES v. DEAN

Docket No. 49114.

64 Cal.App.3d 845 (1976)

135 Cal. Rptr. 14

SEYMOUR LENES et al., Plaintiffs and Appellants, v. FRANK ROY DEAN et al., Defendants and Respondents.

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

December 14, 1976.


Attorney(s) appearing for the Case

COUNSEL

Kelly & Graham and Phillip Kelly for Plaintiffs and Appellants.

Smith & Hilbig, Keith K. Hilbig and Milan D. Smith, Jr., for Defendants and Respondents.


OPINION

KINGSLEY, Acting P.J.

Plaintiffs appeal from an order dismissing their second amended complaint (hereinafter complaint) after an order sustaining a demurrer without leave to amend that complaint. For the reasons set forth, we affirm the order.

The complaint alleges, so far as is here pertinent, as follows:

"XIII

"On or about August 31, 1973, plaintiffs and defendants entered into a written agreement...

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