Whiting

Whiting v. Delozier

Caution
1927 Cal. App. LEXIS 844·82 Cal. App. 525·255 P. 861
Court of Appeal of CaliforniaApril 25, 1927Docket No. 5316.California1,921 words

Opinion

Lead Opinion

Campbell, J.

pro tem. — This is an appeal by appellants from a judgment entered in favor of respondent and against appellants and interveners. The interveners have not appealed.

On August 1, 1919, the appellants Delozier and Colvin, being real estate brokers located in Los Angeles, but formerly located in Imperial Valley, where they had known and had business dealings with respondent, received a letter from one Francisco inviting them to come to San Diego, saying, “I have a real big trading proposition for you.” This Francisco was a real estate dealer in San Diego and was either an agent for or jointly interested with the interveners McDonald and Evans. He introduced appellants to the interveners and proposed that appellants make some kind of a trade with the interveners for a large partially constructed apartment house in San Diego known as the Winchell Apartments. The interveners had, according to the evidence, acquired this apartment house for practically nothing; the former owner had died after expending considerable money upon the building; there were a number of judgments against the building and the interveners had bought it at the sale; they had promised to protect these judgment…

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