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SAN JOSE ABSTRACT AND TITLE INS. CO. v. ELLIOTT

Docket No. 14780.

108 Cal.App.2d 793 (1952)

240 P.2d 41

SAN JOSE ABSTRACT AND TITLE INSURANCE COMPANY (a Corporation), Plaintiff, Cross-Defendant and Respondent, v. CLAYTON ELLIOTT et al., Defendants, Cross-Complainants, Cross-Defendants and Respondents; J. ORWITZ et al., Defendants, Cross-Defendants, Cross-Complainants and Appellants.

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

January 24, 1952.

Attorney(s) appearing for the Case

Varnum Paul and Bullock, Wagstaffe & Daba for Appellants.

John P. Wilson and Thomas Pierce Rogers for Respondents.

PETERS, P.J.

S.D. Orwitz and Jack Orwitz agreed to purchase certain property from the Elliotts for $50,000, paying $5,000 down and the balance to be paid within 30 days. The balance was not paid. The buyers and sellers each claimed the $5,000 deposit. The title company interpleaded the claimants. Each claimant cross-complained, claiming the deposit. The trial court found that S.D. and Jack Orwitz were in default and...

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