Marsh v. Lott

This is an appeal from a judgment entered upon sustaining a demurrer to the amended complaint, without leave to amend. The action was one by the vendee for specific performance of an alleged contract for the sale of certain real estate in the city of Los Angeles.

The complaint shows the following facts:—

Plaintiff was engaged in the real estate business in his own name and also in the business name of “Robert Marsh & Co.” On February 25, 1905, defendant executed and delivered to him an option for the purchase of the land, the same being as follows:—

“For and in consideration of the sum of…