Kossler

Defendant Palm Springs Developments, Ltd., a general contractor, owned real property in the City of Palm Springs which it was developing as a 13-home tract. Plaintiffs George F. Kossler and Jeri L. Kossler, husband and wife, agreed to purchase one of the homes under construction. When construction was purportedly completed, a dispute arose between the parties as to whether or not the house was, in fact, completed in good and workmanlike fashion and in accordance with the floor plan diagram shown plaintiffs. Defendant informed plaintiffs that inasmuch as they were unwilling to accept the house as completed, it was terminating its agreement to sell the property to plaintiffs. Plaintiffs thereupon instituted this action for specific performance and/or damages for breach of contract, and fraud. Defendant cross-complained for quiet title. Trial was to the court. Judgment was for defendant, and plaintiffs appeal.

Facts

Mr. Kossler is an attorney and was considering moving his practice from Orange County to Palm Springs. In November 1976 plaintiffs responded to a newspaper advertisement concerning the homes under construction by defendant. They were shown the property by a…