Mills v. Hellinger

From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover a deposit of $6,750 paid on account of the purchase price of a parcel of real property, defendants Kateb and Hellinger appeal.

The evidence being viewed in the light most favorable to plaintiff (respondent) (Estate of Isenberg, 63 Cal.App.2d 214, 216 [146 P.2d 424]), the material facts are:

On September 28, 1948, in response to an advertisement-appearing in the Los Angeles Times, plaintiff attended an auction of real property conducted by George M. Kateb for and on behalf of his principal,…