Kronsberg

This is an appeal from a judgment of dismissal following an order granting a motion to strike plaintiffs’ fourth amended complaint. Plaintiffs have also attempted to appeal from a nonappealable order denying their motion for reconsideration of the above ruling (Genis v. Krasne, 47 Cal.2d 241, 249 [ 302 P.2d 289 ]) and have additionally argued the merits of their appeal from a formal order dismissing the action as to defendant Wershow individually. It appears, however, that timely notice of appeal from such latter order was not given; on respondents’ motion, therefore, the appeal therefrom was dismissed by this court. Thereafter a remittitur to that effect issued on August 10, 1964, providing that the appeal “from all orders other than that of March 23, 1964, is dismissed,” the March 23 order being the judgment dismissing the action in its entirety. Thus, all such other matters having become moot, no consideration will be given to further arguments by plaintiffs with respect thereto.

In April of 1962 the parties entered into a written agreement, supplemented by another writing executed the same day, for the sale at auction by defendant corporation of plaintiffs’ property…