Bartelme
Bartelme v. Merced Irr. Dist.
Opinion
Lead Opinion
Gilbert, J.
The appellee is a public corporation, organized under the Irrigation District Law of California (St. 1897, p. 254, as amended and supplemented). It was engaged in an extensive irrigation project. For reservoir purposes it deemed it necessary to acquire title to the Horseshoe Bend ranch, the property of the appellants. The price demanded by the appellants was $150,000. The price offered by the appellee was $80,000. Am. understanding was reached, and on October 19,1923, the appellee submitted to the appellants a letter as expressing the terms thereof. On the same day the appellant Ehman, as attorney in fact for his coappellant, indorsed on the letter the following acceptance: “The foregoing is in accord with my understanding of arrangement this day entered into and I hereby accept the terms and conditions thereof.” The proposition thus accepted contained among other provisions the following: “Said district will purchase and you will sell said Horseshoe Bend Ranch for a total price of $87,500.00, payable in the manner hereinafter specified.” One of the provisions was that the appellants should deposit in escrow with a named bank certain promissory notes and a deed in a specified…