Knabbe

Knabbe v. United Properties Co.

Good Law
1921 Cal. App. LEXIS 303·53 Cal. App. 434·200 P. 369
Court of Appeal of CaliforniaJuly 7, 1921Civ. No. 3820.California704 words

Opinion

Lead Opinion

Nourse, J.

Plaintiff recovered judgment against defendant for twenty thousand dollars and interest for breach of a written agreement on the part of the defendant to deliver a certain number of its bonds secured by a first mortgage or deed of trust on its properties. The complaint set forth eight separate causes of action, each based upon a separate written agreement designated “bond certificate” and reciting that The United Properties Company would, upon surrender of the certificate, deliver to the purchaser or order a certain number of its first mortgage and collateral trust bonds of the denomination of one thousand dollars each, “to be issued under and secured by the deed of trust in preparation dated January 1, 1911, made by said The United Properties Company of California, and to be delivered hereunder as and when the said bond may be certified, issued and ready for delivery.” It was further alleged that on certain days between February 2, 1912, and July 9, 1915, the certificates which were made the basis of each separate cause of action were executed by defendant and delivered to the plaintiff; that certain installments of interest were paid thereon; and that prior to the commencement…

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