Breitman v. Gattman

This appeal was taken from a judgment decreeing specific performance of a contract for the sale of a piece of hotel property on Van Ness Avenue in San Francisco.

On December 29, 1945, Louis T. Samuels Company, acting as agent for the seller, negotiated a contract for the sale of the property by appellant Elsa Gattman to respondents for $42,500. The contract acknowledged receipt of a deposit of $1,000 and provided: “Deposit to be increased to $2,000.00 on the tenth . . . day of January 1946.’’ This increased deposit was not made on that day, but on the next day respondents gave the agent their…