Hunter v. Adams

MOLINARI, J. pro tem. *

This is an appeal from a judgment discharging an alternative writ of mandamus and the denial of a petition for a peremptory writ of mandamus. The facts, as found by the trial court, are substantially as follows:

The appellant Jones is the owner of certain real property in the city of Monterey, and the appellant Hunter is the purchaser of said property pursuant to a written agreement of sale entered into on October 28, 1958. The said contract spe eifieally provided that the sale was conditioned upon the obtaining of a permit by Hunter for the erection of a motel on said…