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HEFFERAN v. FREEBAIRN

Docket Nos. L.A. 20739, 20740.

34 Cal.2d 715 (1950)

214 P.2d 386

RAYMOND L. HEFFERAN, Respondent, v. J. RAY FREEBAIRN, Appellant. J. RAY FREEBAIRN, Appellant, v. RAYMOND L. HEFFERAN, Respondent.

Supreme Court of California. In Bank.

February 10, 1950.

Attorney(s) appearing for the Case

W.I. Gilbert, Jr., and Henry E. Kappler for Appellant.

Edward L. Barrett, Jr., as Amicus Curiae on behalf of Appellant.

Boller, Suttner & Boller and T.R. Suttner for Respondent.

TRAYNOR, J.

On or about December 20, 1946, plaintiff, R.L. Hefferan, entered into a contract to purchase the "Gilray Coffee Shop" from defendant J.R. Freebairn. He paid $20,000 in cash and $35,000 in the form of a promissory note secured by a chattel mortgage. Plaintiff took possession of the coffee shop on January 1, 1947; the escrow was closed on January 7, 1947. Plaintiff gave defendant a check for the inventory about January 27, 1947. On January 28, 1947, he served...

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