What causes of action have been established for breach of contract and fraudulent misrepresentation?

California, United States of America


The following excerpt is from Shell v. Schmidt, 164 Cal.App.2d 350, 330 P.2d 817, 76 A.L.R.2d 792 (Cal. App. 1958):

Plaintiffs, twelve couples, bought similar houses in a tract built by defendant. The complaint originally alleged causes of action for fraudulent misrepresentation and breach of contract. On a prior appeal, the court held that the causes of action for fraudulent misrepresentation were not proved as to nine couples, but that causes for breach of contract were established for all. The judgments were 'reversed with instruction to the trial court to retry the issue of damages only, and when such damages have been ascertained, to enter judgments in favor of respondents in the amounts so fixed.' Shell v. Schmidt, 126 Cal.App.2d 279, 294, 272 P.2d 82, 91.

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