Hopkins v. Barlin

— Plaintiff brought suit for the return of a sum of money which he had previously paid to defendant for the execution and delivery by defendant to plaintiff of a written instrument wherein defendant had granted to plaintiff the right, during a specified period, to purchase certain business property belonging to defendant. A demurrer to the complaint was sustained, and, upon plaintiff’s refusal to plead further, the trial court entered judgment dismissing the action. Plaintiff appealed.

Our statement of the facts is necessarily based upon the allegations of the complaint. Respondent, Benjamin…