Scott

This is an appeal from a municipal court order granting defendants’ motion for summary judgment. It is before us upon transfer from the appellate department of the Los Angeles Superior Court. (Rule 62 (a), Cal. Rules of Court.)

The case involves interpretation of the scope and meaning of the term “home solicitation contract” in section 1689.5 et seq. of the Civil Code. The facts, briefly stated, are these: Defendants obtained plaintiff’s name and telephone number from the yellow pages of the telephone directory. Defendants telephoned plaintiff who sent a representative to their home on February 5, 1974. The representative showed defendants a sample of an insulated wall system. After some conversation, an agreement was reached between defendants and plaintiff’s representative for the installation of such a system in defendants’ residence. Defendants signed a contract at their residence and gave plaintiff’s representative a $100 deposit, leaving a balance due of $1,650. The written contract did not contain a notice of the buyer’s right to cancel such as is required in a home solicitation contract. (Civ. Code, § 1689.7.)

Plaintiff installed the wall system on February 20,…