Gagne v. Bertran

*484TRAYNOR, J.

The evidence in this case is in sharp conflict and is considered here in the light most favorable to plaintiffs. Plaintiffs had contracted to buy two unimproved lots for $8,500 “subject to ... a fill test to be made at buyer’s expense.” Plaintiff Joseph Billiet telephoned defendant that he had a contract to buy the lots but “would not proceed with the deal unless we had a test made for fill, and I told him if he would like to do it, I would like to have him handle it because he handled my work before, so he said, ‘All right, I will take care of it.’ ” Billiet testified that between…