Traylor v. Los Angeles Mountain Park Co.

BISHOP, J., pro tem.

The plaintiff recovered damages in excess of $36,000, because of the repudiation by the defendants of a contract in which the parties to this action were mutually interested, and the defendants appealed. From the face of the contract it would appear that by its own terms it had expired before the repudiation took place. This defect, which obviously would have been fatal to the plaintiff’s cause, was cured, according to the court’s findings, by a course of conduct on the part of the defendants which estops them from claiming that the contract had expired, and which amounts…