KELLEY v. ROUSE

Docket No. 19126.

188 Cal.App.2d 92 (1961)

10 Cal. Rptr. 235

ALMA J. KELLEY et al., Respondents, v. FRANK G. ROUSE, JR., et al., Defendants; ATHERMAN INVESTMENT COMPANY (a Corporation), Appellant.

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

January 10, 1961.


Attorney(s) appearing for the Case

Christin & Davis and Leonard J.R. Davis for Appellant.

Rankin, Oneal, Luckhardt & Center, Maurice J. Rankin and Charles E. Luckhardt for Respondents.


TOBRINER, J.

As we shall point out, the bare option, here, lacking consideration, could not prevent the option givers' withdrawal of the option. In view of the court's finding that the situation alerted the purchaser of the option to ascertain its true nature, the purchaser could not effectively contend that it relied upon the recitals of consideration in the option, and that therefore the option givers were estopped from showing an absence of consideration.

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