Preluzsky v. Pacific Co-Operative Cafeteria Co.

THE COURT.

This is a motion to dismiss an appeal npon the ground that the judgment appealed from has been fully satisfied and the appeal thereby rendered moot. Plaintiff recovered judgment in an action for the specific performance of a contract whereby the defendant agreed to sell and assign to the plaintiff a certain lease and leasehold estate at the price of twenty-five thousand dollars, of which one hundred dollars was paid upon the execution of the contract, and the balance of twenty-four thousand nine hundred dollars, was to be paid within ninety days thereafter. Plaintiff having tendered…