O'CONNELL

O'CONNELL v. Zimmerman

Good Law
157 Cal. App. 2d 330·1958 Cal. App. LEXIS 2244·321 P.2d 161
Court of Appeal of CaliforniaJanuary 31, 1958Civ. 9318California2,197 words

Opinion

Opinion

Warne, J.

This is an appeal by Frank and Bertha Zimmerman from a judgment in favor of the respondent, Charles S. Moore, for specific performance, allowing Moore damages for wrongful withholding of real property and for certain rentals and also allowing the respondent, Daniel E. O’Connell, costs incurred as escrow attorney and an attorney fee.

The appellants, Frank and Bertha Zimmerman, entered into an agreement whereby they agreed to sell to the respondent, Charles S. Moore, a business known as “Frank & Ma’s Houseful of Fun” located in the City of Irwin, together with the fixtures, equipment, license and good will of the business and the premises on which the business was' conducted, and also a “California State Board of Equalization On Sale Beer, and Wine License” issued to the sellers at the said place of business. The agreed price was $3,000 payable as follows: respondent Moore was to transfer an International tractor which was valued at $700; cash in the amount of $500, and a promissory note for $1,800 payable within one year and secured by a first deed of trust on the real property being sold. The agreement provided: “ It Is Further Agreed that the consideration price is to be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.