Fairlane Estates, Inc. v. Carrico Construction Co.

The plaintiff, a corporation, was the owner of a tract of land; entered into a contract, allegedly with all of the defendants, viz., Carrico Construction Co., a corporation, George Lee Carrico, Lloyd Frimmersdorf, and Lloyd Frimmersdorf & Associates, dba Carrico Construction Co., a California corporation, for the subdivision and improvement thereof; and brought this action to recover damages for a failure to perform. The contract, which is dated December 7, 1960, recites that it is entered into between the plaintiff, as owner, and “Lloyd Frimmersdorf & Associates dba Carrico Construction Co., a California corporation" as “Contractor"; on behalf of the plaintiff is signed by its corporate officers; and, apparently on behalf of the “Contractor" is signed:

By this agreement the “Contractor” agreed to do subdivision and improvement work for the sum of $21,000 payable as follows : $500 in cash; $3,800 to be placed in escrow; the transfer of a subdivision lot which the parties agreed to be worth $6,500; and delivery of a second non-interest-bearing note in the sum of $10,200 to be paid at the rate of $400 upon the sale of each subdivision lot.

The court found, among other things, that…