Hersh

This action was instituted by plaintiffs, Sara F. Hersh and Samuel Hersh, husband and wife, to recover damages in the sum of $150,000 for the refusal on the part of defendants, Aurelio Garau and Sarah Garau, husband and wife, to convey to plaintiffs certain real property in accordance with the terms of a written option to purchase said property given by defendants to one Morris Rauch and by him assigned to plaintiff Samuel Hersh.

The undisputed facts of the case, very briefly stated, are as follows: In November, 1922, Aurelio Garau and his wife, Sarah Garau, were the owners in fee simple of a piece of property consisting of approximately eight acres known as the “Garau Home Place” located near Culver City, which property is bounded on the south side by Washington Boulevard, a major boulevard from Los Angeles to Venice, on the west side by National Boulevard, and on the north side by Venice Boulevard. During the month of November, 1922, Garau and his wife entered into an agreement leasing said property to the Green Mill Catering Company and in January, 1923, said company commenced the construction thereon of a large cafe and restaurant building. Thereafter the Green Mill, Inc.,…