McLeroy v. Western Pacific Housing
Plaintiffs signed a contract to purchase a new condominium from defendants. Plaintiffs thought they were buying a unit with a three-foot yard along one side but after the unit was constructed, escrow closed, and plaintiffs moved in, they discovered there was no side yard; the living room window looked directly into the neighbors’ backyard. Plaintiffs sued and the matter was resolved through a judicial reference proceeding. The referee concluded that under the measure of damages described in Civil Code section 3343 plaintiffs had not suffered any compensable damages. Plaintiffs appeal from the resulting judgment. Judgment Affirmed.
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