Fritz v. Gilbert

This is an action to quiet title to a ranch in Alameda County, which for convenience has been described as upper parcel and lower parcel. In 1930 defendant Gilbert, a real estate broker, proposed to Charles J. Russell, the then owner, a deal whereby property in San Francisco owned by Harry Friend, together with $5,500, would be exchanged for the ranch. Gilbert at that time held an option to purchase the upper parcel for $5,000. He then approached plaintiff, Mrs. Fritz, and she agreed to finance the transaction, provided that Gilbert would assign to her his option, which he did. Accordingly…