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Remedies Keyed to Tabb, 8th
Gerwin v. Southeastern California Association of Seventh Day Adventists
Citation:
14 Cal. App. 3d 209 (1971)Facts
Plaintiff Henry Gerwin acquired a hotel in Beaumont in June 1964 and needed equipment for a proposed bar and restaurant. In December 1964, he learned that defendant was selling bar and restaurant equipment from the Azure Hills Country Club. Gerwin attempted to conceal his identity as a bidder by having Richard Cunningham submit a written bid of $4,126 on December 21, 1964. Defendant accepted Cunningham’s bid in early January 1965, and Cunningham made a $500 deposit. Defendant later prepared proposed option agreements, but disputes arose over which items were included. On July 9, 1965, Gerwin paid the remaining $3,625. When Gerwin and Cunningham arrived on July 12, 1965, to pick up the equipment, defendant refused to deliver due to disagreement over the items to be delivered. Gerwin had a proposed three-year lease with the Turners to operate the hotel, bar, and restaurant for $1,500 per month, contingent on his furnishing the necessary equipment.
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