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Marsh v. Lott

California Court of Appeal
97 P. 163 (1908)


On February 25, 1905, Robt. Marsh & Co. (Marsh) (plaintiff) agreed to pay M.A. Lott (defendant) 25 cents for the option to purchase land owned by Lott for $100,000 with a $30,000 payment due within four years. The contract gave Marsh the option to purchase the land up until June 1, 1905, with the possibility of a 30-day extension. On June 1, 1905, Marsh notified Lott that he elected to extend the option for 30 days. On June 2, 1905, Lott revoked the option. On June 29, 1905, Marsh paid Lott $30,000 pursuant to the February 25 agreement. Marsh later brought suit for specific performance of the contract. The trial court found that the 25 cents paid for the option was inadequate and found in favor of Lott.

Rule of Law


Holding and Reasoning (Shaw, J.)

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