OTT v. HOME SAVINGS & LOAN ASSOCIATION

No. 15804.

265 F.2d 643 (1958)

Warren A. OTT, and Mortgage Services of Norfolk, Inc., a Corporation, Appellants, v. HOME SAVINGS & LOAN ASSOCIATION, a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

October 20, 1958.


Attorney(s) appearing for the Case

Hindin & Susman, Los Angeles, Cal., Edwin J. Regan, Weaverville, Cal., Maurice J. Hindin, Los Angeles, Cal., for appellants.

Paul Fitting, Los Angeles, Cal., for appellee.

Before STEPHENS, Chief Judge, and FEE and BARNES, Circuit Judges.


JAMES ALGER FEE, Circuit Judge.

This action involves the construction of an instrument wholly in writing. The trial court in effect held that an offer in writing by Home Savings & Loan Association, hereinafter called "Home," to purchase from Harold L. Shaw or his nominee up to seven and one-half million dollars worth of permanent real estate loans could not be accepted by a stranger not purporting to act as a representative of Harold L. Shaw, but as his assignee...

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