Lozano
Lozano v. Jollensten
Opinion
Lead Opinion
Ford, J.
This action arises out of a transaction between the plaintiffs, the owners of a trailer park, and the defendant contractor relating to electrical work to be done on the plaintiffs’ property. The work was not completed. The plaintiffs sued to recover a payment of $500 made to the defendant. The defendant filed a cross-complaint in which he sought to recover damages for breach of contract. The plaintiffs have appealed from a judgment in favor of the defendant and cross-complainant.
The findings of fact of the trial court were in part as follows : 1. On July 16, 1959, the parties entered into a written contract. 2. The contract provided in part as follows:
Judgment was rendered against the plaintiffs and cross-defendants for the sum of $4,102.25, together with interest thereon from August 30, 1959, in the amount of $480.69 and attorney’s fees in the amount of $500. It was further adjudged that "the plaintiffs are entitled to the ownership and title of that certain metering equipment presently in the possession of cross-complainant . . . provided however that *848 plaintiffs shall notify cross-complainant in writing as to their desire to acquire said metering equipment within five…