Isaac

Appellants Raymond and Malka Isaac appeal from an order of dismissal following the sustaining of a demurrer, without leave to amend, to their second amended cross-complaint alleging breach of contract and bad faith denial of contract, by respondent and cross-defendant A & B Loan Company, Inc.

The suit is for breach of an oral agreement for the sale by respondent to appellants of real property located at 217 West 6th Street in Los Angeles. By demurrers to the original cross-complaint, the first amended cross-complaint, and the second amended cross-complaint, respondent relied on the statute of frauds, Civil Code section 1624, subdivision (c), which renders unenforceable an agreement to convey real property unless the contract or some note or memorandum thereof is in writing subscribed by the party to be charged. After unsuccessful attempts to allege a sufficient writing or note or memorandum of the oral agreement, appellants asserted two additional theories in the second amended cross-complaint, which we are called upon to review. Appellants contend that respondent should be precluded from relying on the statute of frauds because (1) respondent has made “judicial…