California Court of Appeal October 2, 1958, Civ. 17704 (Smissaert v. Chiodo)

BRAY, J.

In this appeal by plaintiff from an adverse judgment in an action (1) for specific performance, or, in the alternative, damages, and (2) for declaratory relief, plaintiff raises many questions which, however, become moot if the trial court’s finding to the effect that there was no final contract between the parties is supported.