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Contracts Keyed to Templin
Lonergan v. Scolnick
Citation:
129 Cal.App. 2d 179 (1954)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Scolnick (defendant), who lived in New York, placed an ad in a Los Angeles paper offering property for sale. When Lonergan (plaintiff) responded to the ad, the defendant wrote him a letter on March 26 describing the property, giving directions to the property, and stating his price. The plaintiff wrote back with questions about the location and description of the property, and suggested a bank for escrow should the sale proceed. The defendant wrote back on April 8 confirming the location of the property, providing a legal description of the land, approving the bank for escrow, and stating that the plaintiff would need to act fact because another party was also interested in the property. The defendant sold the property to a third party on April 12. The plaintiff received the defendant’s April 8 letter on April 14, responded the next day stating that he would proceed with the sale. On April 17 he placed his deposit in escrow. Upon learning that the defendant had sold the property to someone else, he sued the defendant seeking specific performance or damages.
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