Sousa v. First California Co.

This is an appeal by defendant from a judgment on a verdict granting plaintiff $35,000 damages for the breach by defendant of an alleged oral agreement to purchase from plaintiff all the capital stock of Pacific Box Company, a California corporation, for $550,000.

Evidently to show satisfaction of the statute of frauds (section 4 of the Uniform Sales Act adopted into our law in sections 1724 and 1624(a) Civil Code and section 1973(a) of the Code of Civil Procedure) the complaint alleges that pursuant to the oral agreement defendant deposited in escrow the sum of $25,000 “for and on account of…