Staton
Staton v. Buster
Opinion
Lead Opinion
Plummer, J.
On or about the twenty-second day of August, 1925, the plaintiff was awarded judgment against the defendant in the sum of $750, from which judgment the defendant appeals.
The complaint upon which this action is based alleges, in substance, that the defendant agreed to convey to plaintiff a certain piece of real property situate in the town of Hamilton City, Glenn County, California, and was to receive in exchange therefor a certain Oakland tonring ear, $50 in cash, and a policy of insurance upon the car; that in pursuance of said agreement the plaintiff delivered to the defendant the ear in question, $10 in cash and offered to pay the remainder of said cash, and to furnish the policy of insurance upon receiving a deed to the real property agreed to he conveyed by the defendant to the plaintiff. The complaint alleges further that the defendant failed to deliver to the plaintiff a deed sufficient to convey a good title to said property; that thereafter the defendant abandoned the automobile which had been delivered to "him by the plaintiff; that the plaintiff repossessed said car and sold the same at public auction; that the sum received for said car was $575; that the reasonable…