Young

Young v. Laguna Land & Water Co.

Good Law
1921 Cal. App. LEXIS 349·53 Cal. App. 178·199 P. 810
Court of Appeal of CaliforniaJune 13, 1921Civ. No. 3833.California697 words

Opinion

Lead Opinion

Nourse, J.

Plaintiff commenced this action to establish the validity and existence of a certain contract for the purchase of land in a subdivision of Los Angeles County, to protect the rights and interest of the plaintiffs under the contract, and to adjudge the contract in full force and effect notwithstanding cancellation thereof by the defendant. The complaint alleges that on May 26, 1919, plaintiff Florence R. Young signed in triplicate a form of contract for the purchase of a certain lot of land in accordance with a map which was thereupon exhibited to her by the defendant; that each of the three original copies so signed by her were left in the custody of the defendant ; that they were signed by the proper officers of the defendant, hut before any one of said copies was delivered to her the defendant canceled "all three copies by stamping the word “canceled” thereon and refused to recognize the contract as having any binding force. Defendant answered, alleging that the contract upon which plaintiff’s sued was signed by inadvertence and mistake; that as soon as the mistake was discovered it notified plaintiffs thereof, offered to restore the portion of the purchase price which had been…

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