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  5. 98 Cal.App.2d 276 (1950)
 

SEELEY v. COOK

Docket No. 17304.

98 Cal.App.2d 276 (1950)

219 P.2d 859

RALPH B. SEELEY, Respondent, v. LOU S. COOK, Appellant.

Court of Appeals of California, Second District, Division One.

June 30, 1950.

Attorney(s) appearing for the Case

Manuel Ruiz, Jr., for Appellant.

Oliver O. Clark and Jack R. Mills for Respondent.

DORAN, J.

The respondent herein and plaintiff below, as the purchaser of an airplane which was destroyed in an accident, instituted the present action to secure the return of money paid the appellant on account of the purchase price. The record discloses the execution of a written memorandum in the following language:

                                    "Los Angeles, California
                                          2/28/47

    "I hereby purchase...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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