Renaldo

James F. Bell and Peter Collins, plaintiffs, appeal a judgment of dismissal after demurrers to their second amended complaint were sustained without leave to amend as to defendants Harry and Shirley H. Houtman and Angelo and Celia J. Renaldo. No demurrers were filed by defendants Michael and Edith Gosack and they are not involved in this appeal.

In substance, the complaint alleged; The Houtmans owned an acre of land which they divided into three lots according to the provisions of a county lot split ordinance. The lots had no access to public sewers and had a subsurface water problem preventing installation of septic tanks. Despite this condition, in 1964 the Houtmans were able to obtain county approval of their “proposed division of land,” on which it was noted the sites were suitable for dwellings served by septic tanks.

In 1971 the Houtmans conveyed two lots to the Renaldos, and expressly warranted each lot was a suitable building site. Part of the warranty was a copy of the “proposed division of land.”

The Renaldos applied for building permits which the county refused, because septic tanks could not be installed on the lots. In 1972, repeating" the Houtman…