Jerrue v. Superior Court

SHAW, J.

Petition for writ of

certiorari;

By an order made on April 14, 1906, the administratrix of the estate of Charles A. Robb, deceased, was authorized to sell at private sale certain personal property, consisting of the stock, fixtures, license to sell liquor at retail, lease and goodwill of a certain retail liquor business, all of which belonged to said estate.

The petitioners bid $7,000 for said property, which bid, however, was made subject to their obtaining from the board, of police commissioners of the city of Los Angeles a transfer of the license to conduct the business described in said order of sale. The administratrix accepted said bid and sold the property to petitioners, and on April 30, 1906, made due return of said sale to the court, asking that the same he confirmed. At the hearing upon the return and petition for confirmation, one Kutzmann in open court made a bid in writing, whereby he offered the sum of $7,025 for the property, provided the said police commission would grant or assent to the transfer to him of the said liquor license. By the terms of said bid, the amount thereof, less ten per cent accompanying the same, was payable upon confirmation of sale and the making of the transfer of said liquor license, and in case of failure to obtain said transfer the bid was by its terms to be null and void. On the same day, April 30th,

[719]

the court made its order reciting the return made by the administratrix, the bid in open court made by Kutzmann, the acceptance of which it found was for the best interest of the-estate, and ordered that his bid be accepted and the sale to him confirmed.

Thereafter, the administratrix filed a petition reciting the-foregoing facts and stating that said police commission had refused to transfer said license to Kutzmann, by reason whereof she was unable to comply with the terms of his bid;, that the license had been transferred to Jerrue & Company, and that she had sold all of said personal property to Jerrue- & Company, who had paid her the sum of $3,759.50 as a partial payment therefor. She further asked that the order confirming the sale to Kutzmann be vacated and an order-made confirming the sale to Jerrue & Company. On June 6, 1906, the court made the order as prayed for.