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BRICE v. EVANS

Docket No. 17458.

97 Cal.App.2d 412 (1950)

217 P.2d 738

J.N. BRICE et al., Respondents, v. BRADLEY D. EVANS et al., Appellants.

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

May 9, 1950.

Attorney(s) appearing for the Case

Arthur Speight and Samuel Marks for Appellants.

Loren Miller and Harold J. Sinclair for Respondents.

DORAN, J.

On June 20, 1945, the parties hereto executed a written "Lease Form with Agreement for Sale of Real Estate," under which the respondents Brice leased to appellants Evans certain premises for a period of 20 months, at a monthly rental of $42.50 with an option to buy at a price of $5,075. The sum of $500 was received from defendants as a deposit "to insure the fulfilling of this lease." It was "agreed that time is of the essence of this agreement."

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