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Contract I (LAW 6110) Brief - Lonergan v. Scolnick

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University of Wyoming

Contract I (LAW 6110)

Lonergan v. Scolnick, 129 Cal. App. 2d 179, 276 P.2d 8 (1954)
Court: California District Court of Appeal
State: California
Year: 1954
Plaintiff: Joseph A. Lonergan, buyer of land, Appellant
Defendant: Albert Scolnick, seller of land, Respondent
Cause of Action: Breach of contract
Relief Sought: Specific performance or for damages in the event that specific performance was
impossible.
Basis for Dispute: Law
Facts:
 An Ad was placed in a Los Angeles paper to sell 40 acres of land. In response to an
inquiry, defendant, who lived in NY, wrote to the plaintiff describing the land and stating
that his rock-bottom price was $2,500.
 On April 8, the defendant wrote that he found the land, the escrow of choice was okay,
but that “if [the plaintiff] was really interested, he would have to decide fast, as
[defendant] expected to have a buyer in the next week or so.”
 The plaintiff received the letter dated April 8 on April 14. The defendant had sold the
property to a 3rd party on April 12.
 On April 15, the defendant wrote that he would “immediately proceed to have the
escrow opened and would deposit $2,5000 therein “in conformity with your offer.””

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Contract I (LAW 6110) Brief - Lonergan v. Scolnick

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