King

Plaintiffs and appellants, husband and wife, brought this action for damages for fraud against defendants Associated Construction Corporation, Ashdon Corporation, Robert C. Gordon and William Starr, arising out of a written agreement dated July 12, 1957, wherein plaintiffs agreed to buy, and defendant Associated Construction Corporation (by William Starr) agreed to sell, a newly constructed dwelling at 421 Ocean Boulevard, Coronado, located in a large subdivision of similar houses, for the sum of $28,000. At the time of the execution of the agreement the dwelling was approximately one-half completed.

Plaintiffs alleged that prior to the execution of the agreement defendants falsely and fraudulently represented to plaintiffs that the dwelling was expertly constructed and that superior building materials and workmanship were used in its construction; that they discovered, after its completion, that the house was not expertly constructed and that superior building materials and workmanship had not been used in its construction in certain defined respects, i.e.,: plumbing did not function properly; windows leaked; hole in roof; tile improperly laid; parquet floor improperly…