Levy

Appeal from a judgment for defendants following the sustaining of their demurrer to plaintiffs’ second amended complaint.

Plaintiffs brought an action which they labeled as one for declaratory relief and breach of contract. The complaint alleged that plaintiffs and defendant King “orally agreed to a joint venture purchase” of certain real property for the purpose of erecting and operating a “bowling, restaurant and bar business enterprise”; "without the knowledge and consent of plaintiffs, King entered into an agreement to purchase the property; defendants Edwhite Building Company and Ebern Building Company acquired King’s right to purchase the property and also acquired all the stock of defendant corporation Kingpin Lanes, Inc., which had acquired a liquor license in connection with the enterprise; defendants Firks and Alexander represented to plaintiffs that one Edmunds, or his company, had put up money for the purchase of the property and had advanced other money but wished to withdraw “subject to certain rights in defendant King and reimbursement for all moneys expended and advanced”; they, Firks and Alexander, could obtain extraordinary financing and desired “operating…

I concur in the determination that the judgment should be affirmed. My reasons for that conclusion will be briefly stated.

In the second cause of action of the second amended complaint there is incorporated the following allegation of the first cause of action: “Defendants Firks, Alexander and King and some of the other defendants proceeded with the enterprise, acquired the real property, acquired the stock of *436 Kingpin Lanes and ... created the entities contemplated by the joint venture and opened the enterprise for business; all, however, to the exclusion of the plaintiffs.” It is further alleged in the second cause of action that by reason of the breach and repudiation of the agreement by the defendants, “plaintiffs have lost the benefits of their said bargain and agreement in the sum of $500,000.00. ’ ’

In the third cause of action it is alleged that about July or August 1960, 1 the defendants breached and repudiated the agreement and that “thereafter defendants took over the enterprise to the exclusion of plaintiffs, acquired it for themselves and commenced operations.” It is further alleged that thereby “plaintiffs have lost the benefit of their said agreement in the…

Appeal from a judgment for defendants following the sustaining of their demurrer to plaintiffs' second amended complaint.

Plaintiffs brought an action which they labeled as one for declaratory relief and breach of contract. The complaint alleged that plaintiffs and defendant King "orally agreed to a joint venture purchase" of certain real property for the purpose of erecting and operating a "bowling, restaurant and bar business enterprise"; without the knowledge and consent of plaintiffs, King entered into an agreement to purchase the property; defendants Edwhite Building Company and Ebern Building Company acquired King's right to purchase the property and also acquired all the stock of defendant corporation Kingpin Lanes, Inc., which had acquired a liquor license in connection with the enterprise; defendants Firks and Alexander represented to plaintiffs that one Edmunds, or his company, had put up money for the purchase of the property and had advanced other money but wished to withdraw "subject to certain rights in defendant King and reimbursement for all moneys expended and advanced"; they, Firks and Alexander, could obtain extraordinary financing and desired…