Kozlowski

Kozlowski v. Adams

Good Law
102 Cal. App. 578·1929 Cal. App. LEXIS 166·283 P. 365
Court of Appeal of CaliforniaDecember 16, 1929Docket No. 3970.California1,145 words

Opinion

Lead Opinion

Finch, J.

The complaint alleges that the defendant entered into an agreement with Rose Henderson, by the terms of which he agreed to sell and convey to her lot 84, tract 4754, in the city of Los Angeles, for $3,500; that he showed her a map of the tract and told her that it “was the official and recorded map of said tract”; that thereafter Rose Henderson transferred all her rights under the contract to the plaintiff; that the plaintiff has paid the defendant on the purchase price of the lot the sum of $2,500; that the defendant thereafter informed the plaintiff that he would not convey the lot to her because the said map had not been recorded; that thereafter the plaintiff tendered the balance due under the contract and demanded a conveyance of the lot to her, hut that the defendant refused; that at the time of entering into the contract the defendant knew that the map was not recorded; that the plaintiff has been damaged, in addition to the amount paid upon the purchase price of the lot, in the sum of $6,500. The prayer is for the recovery of the amount so paid and damages in the sum of $6,500.

The answer, signed by the defendant “in propria persona,” denies, among other things, “that the…

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