Hersch And Company v. C And W Manhattan Associates

700 F.2d 476 HERSCH AND COMPANY, a California partnership, Plaintiff-Counterclaimant-Defendant-Appellant, v. C AND W MANHATTAN ASSOCIATES, a Texas Limited Partnership, Defendant-Counterclaimant-Appellee. No. 81-5778. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1982. Decided Dec. 30, 1982. As Amended Feb. 28, 1983. Melvin H. Malat, Malat, Lans & Malat, Beverly Hills, Cal., for plaintiff-counterclaimant-defendant-appellant. David W. Steuber, argued, Paul, Hastings & Janofsky, Los Angeles, Cal., for defendant-counterclaimant-appellee. Appeal from the United States District Court For the Central District of California. Before SCHROEDER and NORRIS, Circuit Judges, and THOMPSON, * District Judge. NORRIS, Circuit Judge: 1 This diversity action turns on questions of California real property law. The district court denied the claim of Hersch and Company (Hersch), the buyer, for rescission of a contract for the sale of land and awarded C & W Manhattan Associates (C & W), the seller, a judgment in the amount due on the notes secured by the demised property. C & W as the prevailing party, was also awarded attorneys' fees and costs. We affirm…