Fisher

Fisher v. MacInness

Good Law
12 Cal. Rptr. 798·191 Cal. App. 2d 577·1961 Cal. App. LEXIS 2094
Court of Appeal of CaliforniaApril 26, 1961Civ. No. 25166California1,206 words

Opinion

Lead Opinion

Ashburn, J.

This is an appeal by the plaintiffs from a judgment of dismissal in favor of defendant after demurrer to the fourth amended complaint was sustained without leave to amend.

The pleading alleges that on and prior to November 23, 1954, plaintiffs were the owners of certain described real property in Los Angeles County; that on said date they sold the property to Jared R. and Mary K. Haines, which sale was completed and the deed recorded on December 24, 1954. That the said buyers “required a structural pest inspection report to be made and a certificate issued certifying as to the condition of dry rot and termites.” That on November 23, 1954, plaintiffs employed defendant to inspect said property and to issue a certificate as to the condition of dry rot and termites in the building. That “the defendant reported to the plaintiffs that there was evidence of dry rot and termites, and that it was necessary to do certain work to eliminate *579 the dry rot and termite condition in said buildings, and the plaintiffs employed the defendant to perform the work to eliminate the dry rot and termites in said buildings.” It is then alleged that defendant1' did perform work on said buildings and…

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