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Contracts Keyed to Fuller
Lonergan v. Scolnick
Citation:
California Court of Appeal, Fourth District, 1954. 129 Cal.App.2d 179, 276 P.2d 8.Facts
Lonergan (Plaintiff) saw an ad in the Los Angeles paper for 40 acres of land in Joshua Tree. He responded to the inquiry asking Scolnick (Defendant) if he could learn more about the property. Defendant responded to the plaintiff with a letter which described the property and asked what price he would be willing to pay. Plaintiff responded that he was unsure if he had found the property based on the defendant’s description, and suggested he contact an escrow agent at a bank in case he wanted to purchase the property. Defendant responded to the letter approving the escrow agent and confirming that plaintiff had correctly identified the property, however he informed plaintiff that he should decide quickly if he wanted to purchase the land because defendant had another interested buyer for the property. Defendant sold the property to the third party. Afterwards, plaintiff responded to defendant that he wanted to purchase the property. Plaintiff learned that the property had been sold, and filed suit against defendant for specific performance or damages, in the event specific performance was impossible.
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