[Download] "Duffey v. General Petroleum Corp." by Third Appellate District District Court Of Appeal Of California # Book PDF Kindle ePub Free
eBook details
- Title: Duffey v. General Petroleum Corp.
- Author : Third Appellate District District Court Of Appeal Of California
- Release Date : January 26, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Murfee contracted with Doelger for the lease of a restaurant. The written lease gave Murfee an option to purchase the premises for $30,000, if such right were exercised at the end of the 30 months from the inception of the lease; otherwise, he was given the right to purchase for $35,000 during the next 30-month period. The first 30-month period expired on June 20, 1947. Prior to that date Murfee, through his agents, notified Doelger, or his agent, that he intended to exercise the option. Doelger, by his agent Porter, had deposited a deed in escrow on May 19, 1947. Various complications arose, hereafter discussed, and on June 24, 1947, Doelger demanded the return of his deed from the title company. On June 30, 1947, Doelger notified the title company that the deal should be closed only upon Murfee paying $35,000, plus $469.40 for insurance paid for by Doelger. On July 25, 1947, Murfee paid $35,469.40, under protest, and then brought this action to recover $5,469.40, the claimed excess. The trial court determined that Murfee was not liable for the insurance premiums; that he had notified Doelger prior to June 20, 1947, that he intended to exercise the option, and that, under the terms of the agreement, the money did not have to be in escrow on that date but that Murfee had a reasonable time thereafter to make the payment. Judgment was granted for Murfee for $5,469.40, and Doelger and his agent appeal.