Legal Opinion

Palo Alto Town & Country Village, Inc. v. Bbtc Company

California Supreme Court

Decided May 16, 1974No. S.F. 23065PublishedCited by 46 opinions

1Opinion of the Court

Opinion

SULLIVAN, J.

The sole issue confronting us in this case is whether, absent any provisions in the option contract to the contrary, a written notice by the optionee of his exercise of an option is effective upon its deposit in the mail or only upon its receipt by the optionor. As we explain infra, we have concluded that pursuant to sections 1582 and 1583 of the Civil Code, 1 the exercise of the option is effective upon mailing. We therefore affirm the judgment.

The facts of the case are briefly these. By written lease dated November 20, 1964, plaintiff leased to defendant, for the…

2Cases cited17 opinions

  1. Dynamics Corporation of America, as Successor in Interest to International Fermont, Inc. v. The United StatesUnited States Court of Claims · 1968
  2. Warner Bros. Pictures v. BrodelCalifornia Supreme Court · 1948
  3. Rheingans v. SmithCalifornia Supreme Court · 1911
  4. Landberg v. LandbergCalifornia Court of Appeal · 1972
  5. Dawson v. GoffCalifornia Supreme Court · 1954

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3Cited by46 opinions

  1. Frank Huizar v. Tom CareyCourt of Appeals for the Ninth Circuit · 2001
  2. T. M. Cobb Co. v. Superior CourtCalifornia Supreme Court · 1984
  3. Ersa Grae Corp. v. Fluor Corp.California Court of Appeal · 1991
  4. Allen v. SmithCalifornia Court of Appeal · 2002
  5. Erich v. GranoffCalifornia Court of Appeal · 1980

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