Banducci v. Frank T. Hickey, Inc.

This is an action to recover damages for breach of an oral agreement to level land. On February 21, 1946, plaintiff bought from one Murdock 160 acres of land in Kern County. Plaintiff, who spoke but little English, orally authorized Murdock to arrange for grading and leveling the land. He set a limit of $50 per acre as the cost price. Plaintiff entered into a written agreement with one Claborn to employ a licensed civil engineer to survey the 160 acres, and Claborn agreed to level that land at $50 per acre and according to the grade map or grid sheet prepared by such *660engineer, and “in…