Buist v. C. Dudley DeVelbiss Corp.

The respondents, Ronald L. Buist and Leona M. Buist, husband and wife, sued the appellant, C. Dudley DeYelbiss Corporation, for damages for fraud, breach of contract and failure of consideration, in the sale to them of a hillside house and lot in the Hawthorne Terrace area of the Tiburón peninsula. DeYelbiss filed a cross-complaint alleging that the injury to the respondents’ property was caused by the negligence and carelessness of Woodward-Clyde and Associates, the soil engineers, retained by DeYelbiss to report on the condition of soil. The court, after a nonjury trial, found for the…