Staton

Staton v. Buster

Good Law
1926 Cal. App. LEXIS 127·79 Cal. App. 428·249 P. 878
Court of Appeal of CaliforniaOctober 1, 1926Docket No. 5044.California1,502 words

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…

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