Alegretti v. Gardner

PLUMMER, J.

Action by plaintiff to quiet title. Cross-complaint by defendant and appellant seeking specific performance based upon the following written instrument:

“Stockton, California, Aug. 8, 1918.

“I, the undersigned, hereby give and grant unto John Gardner or his assigns the exclusive right to buy or sell that certain piece of property 50x100 together with the two story brick building thereon, known as No. 24-26-28 East Main Street, in the City of Stockton, County of San Joaquin, State of California, and this exclusive right is granted for a period of thirty (30) days from date hereof. In case of sale, I agree to furnish an abstract of title brought down to date, guaranteeing the title to be free and clear of all encumbrances and I agree to furnish a grant, bargain and sale deed of conveyance to the said John Gardner or his assigns on the receipt by me of the sum, of $20,000.00 payable in United States Gold Coin, or whatever equivalent I may desire to accept.

“Mart A. Aleqretti.”

Judgment for plaintiff. Defendant appeals.

The court found the execution of the above instrument as set forth on the date therein mentioned and the delivery of the same to the defendant. The court also found upon conflicting evidence that before the defendant had taken any action under and by virtue of the delivery to him of said writing, the plaintiff on the fifteenth day of August, 1918, withdrew the privilege or option given to the said Gardner to purchase the real estate therein mentioned by executing and delivering to the defendant the following notice:

“To John Gardner, Esq.

“You will please take notice that the option given you to buy that certain piece of property 50x100 feet, together

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with the two story brick building thereon, known as Nos. 24-26-28 East Main Street, in the City of Stockton, County of San Joaquin, State of California, is hereby withdrawn.

“Dated August 15, 1918.

“Mary A. Alegbetti.’’