Burks v. Davies
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtPaterson, J.
On August 8, 1887, the defendant executed and delivered to the plaintiff a contract, the material portions of which, so far as this case is concerned, are as follows: “Received of J. H. Burks one thousand dollars, in purchase of option to buy the undivided one third of [certain lands particularly described]; said option to be from this date to the first day of September next. .... In case said purchase is made during the time above mentioned, the amount this day received is to be deducted from first payment; but in case the said purchase is not made in said time, then the amount this day…
2Cases cited3 opinions
- State ex rel. Arnold v. JustusSupreme Court of Minnesota · 1901
- Marshall v. CaldwellCalifornia Supreme Court · 1871
- Sanders v. LansingCalifornia Supreme Court · 1886
3Cited by35 opinions
- Easton v. MontgomeryCalifornia Supreme Court · 1891
- Walker v. Harbor Business Blocks Co.California Supreme Court · 1919
- Provident Loan Trust Co. v. McIntoshSupreme Court of Kansas · 1904
- Primm v. WiseSupreme Court of Iowa · 1905
- Marshall v. GilsterIdaho Supreme Court · 1921
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