Gagne v. Bertran

43 Cal.2d 481 (1954)

ALFRED GAGNE et al., Respondents,

v.

BENJAMIN E. BERTRAN, Appellant.

L. A. No. 23098.

Supreme Court of California. In Bank.

Oct. 19, 1954.

Wallace & Cashin, W. W. Wallace and Earl A. Everett for Appellant.

Nicolas Ferrara for Respondents.

TRAYNOR, 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…