Lozano

Lozano v. Jollensten

Good Law
1963 Cal. App. LEXIS 2976·211 Cal. App. 2d 845·27 Cal. Rptr. 686
Court of Appeal of CaliforniaJanuary 16, 1963Civ. No. 25983California932 words

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…

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