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Contracts Keyed to Marshall
Lonergan v. Scolnick
Citation:
276 P.2d 8 (1955)Facts
During March, 1952, the defendant placed an ad in a Los Angeles paper reading, “Joshua Tree vic. 40 acres, need cash, will sacrifice.” On April 8, the defendant wrote to the plaintiff saying “From your description you have found the property”; that this bank “is O.K. for escrow agent”; that the land was fairly level; giving the legal description; and then saying, “If you are really interested, you will have to decide fast, as I expect to have a buyer in the next week or so.” On April 12, the defendant sold the property to a third party for $2,500. The plaintiff received defendant’s letter of April 8 on April 14. On April 15 he wrote to the defendant, stating that he would immediately proceed to have the escrow opened and would deposit $2,500 therein in conformity with your offer, and asking the defendant to forward a deed with his instructions to the escrow agent. On April 17, 1952, the plaintiff started an escrow and placed in the hands of the escrow agent $100, agreeing to furnish an additional $2,400 at an unspecified time. It was further stipulated that the plaintiff was ready and willing at all times to deposit the $2,400.
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