Hawes

Plaintiff brought an action for money had and received seeking to recover the sum of $7,000 paid to defendants as a deposit on the purchase price of certain real property. Trial was had before the court sitting without a jury. From a judgment in favor of plaintiff, defendants appeal.

The property involved consisted of a dwelling-house in Beverly Hills owned by defendants. The purchase price was $68,100. Plaintiff paid to defendants a deposit of $7,000 and agreed to take the property subject to a mortgage of $17,000 and to pay the balance of $44,100 within ninety days after May 14, 1926. Thereafter plaintiff abandoned the contract and made no tender of the balance of the purchase price. While on a trip to Wisconsin during the ninety-day period plaintiff wrote two letters to defendants’ real estate agent. In the first letter written July 15, 192'6, she said, “Have decided not to complete deal on home at 906 Bedford Drive and have written Security Trust Co. to that effect. Prefer to lose the 7000 paid Mr. Lux and pass the deal. Find I cannot use house at present.” Apparently in response to a letter from the agent, she again wrote on August 11th, as follows: “No—my letter was final…