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SCHMIDT v. CITY OF MILLBRAE

Docket No. 16039.

129 Cal.App.2d 791 (1954)

277 P.2d 855

MAX SCHMIDT et al., Appellants, v. THE CITY OF MILLBRAE et al., Respondents.

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

December 27, 1954.

Attorney(s) appearing for the Case

E.C. Mahoney, Freed & Freed, Eli Freed and Eugene A. Mash for Appellants.

Richard P. Lyons and Conrad B. Reisch for Respondents.

NOURSE, P.J.

Plaintiffs sued to cancel a deed to described real property within the corporate limits of the defendant city. The complaint alleged, and the evidence supported the allegation, that plaintiff Schmidt had an oral agreement with the mayor of the city in which Schmidt executed and delivered to the mayor a deed to the disputed property with the oral agreement between them that the property would be used solely for a site for a new city hall. The city council...

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