Hunt Foods, Inc. v. O'Disho

MURPHY, District Judge.

This is an action for specific performance, a remedy to which the plaintiff claims it is entitled upon principles of equity and pursuant to the provisions of Section 1788 of the Civil Code of California.

The nature of the proceeding suggests a brief recitation of the facts which gave rise to the action.

It appears that in October of 1948, the defendant O’Disho interested himself in the purchase of a twenty (20) acre peach orchard in Stanislaus County, California.

His lack of funds precluded purchase through ordinary commercial channels, with the result that one Flebut, a…