(DOWNLOAD) "Pitt v. Mallalieu" by Second Appellate District, Division Two District Court Of Appeal Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Pitt v. Mallalieu
- Author : Second Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 19, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
By this second amended complaint, herein referred to as the "complaint," plaintiff sought to enforce specific performance of his agreement dated April 14, 1944, to purchase two lots in the city of Pasadena. The price was $9,500, of which $250 was paid at the time he signed the agreement, the balance payable within 90 days "into escrow with the Pasadena Escrow & Safe Deposit Company . . . for the benefit of the seller together with the above deposit" of $250. Six conventional conditions followed the last quoted language and they are printed on the margin hereof. Plaintiff paid no money into the escrow prior to March 15, 1946, when he deposited "an additional $1750 . . . as evidence of his good faith." Prior thereto, on February 12, 1946, defendant gave plaintiff written notice that she did not intend to perform the agreement. This action was instituted on July 1, 1946. After the third attempt to plead a valid cause to enforce the agreement the court below sustained a general demurrer without leave to amend and entered its judgment of dismissal from which comes this appeal.