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BAFFA v. JOHNSON

Docket No. L.A. 21266.

35 Cal.2d 36 (1950)

216 P.2d 13

WILLIAM BAFFA, Appellant, v. JOHNNIE A. JOHNSON et al., Respondents.

Supreme Court of California. In Bank.

March 24, 1950.

Attorney(s) appearing for the Case

Laurence J. Rittenband, Sidney H. Rivkin, Frederick Brunner and Raymond A. Nelson for Appellant.

Sturzenacker & Isenberg and Carl B. Sturzenacker for Respondents.

TRAYNOR, J.

Plaintiff brought this action to recover a down payment of $5,000 made under a written contract in which he agreed to buy defendants' cocktail lounge and business for $93,000. The contract provided for the payment of $40,000 in cash with the balance payable at $1,000 per month and secured by a deed of trust. In addition to the down payment, $15,000 was to be deposited on the opening of escrow within 45 days. The contract provided that if the vendee failed...

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