Bettancourt v. Gilroy Theatre Co., Inc.

WOOD (Fred B.), J.

Plaintiffs Alfred R. Bettancourt and Clara H. Bettancourt have appealed from a judgment of nonsuit in their action against Gilroy Theatre Company, Inc., for damages for failure of the defendant to perform an alleged contract “to erect a First class Theatre” on certain described real property in the city of Gilroy, California.

The contract in question, dated February 12, 1947, was written upon a printed form designated “Receipt and Agreement for Sale of Real Property.” Plaintiffs therein agreed to sell and defendant to buy a certain parcel of land, situate on the westerly side…