Snyder
Snyder v. United Properties Co.
Opinion
Lead Opinion
Nourse, J.
Plaintiff recovered judgment against defendant for fifty-two 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 upon its properties. The complaint set forth six separate causes of action, each based upon a separate written agreement designated “bond certificate” and reciting that The United Properties Company of California 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 a's and when the said bonds may be certified, issued and ready for delivery.” It was alleged, further, that plaintiff acquired each of these bond certificates or obligations of the defendant for a valuable consideration and that they were assigned to him for a valuable consideration by the original promisee thereof. The bond certificate was then set out in the complaint in…