JOHNSON v. CITIZENS NATIONAL TRUST SAVINGS BANK OF LOS ANGELES (1937)

Supreme Court of California.

Harold Mead JOHNSON, Plaintiff and Appellant, v. CITIZENS NATIONAL TRUST & SAVINGS BANK OF LOS ANGELES (a Banking Association, organized and existing under the laws of the United States of America), Defendant and Respondent.

L. A. 15080.

Decided: June 29, 1937

Earl Curtis Peck, George E. Cloud, and A. Richmond, all of Los Angeles, for appellant. Cosgrove & O'Neil, of Los Angeles, for respondent.

The appellant in this case is the purchaser of land under a contract made with Harold G. Ferguson Corporation. He later surrendered it for one with Quartz Hill Land & Development Company. He is in exactly the same position as the appellants in the case of Hill v. Citizens National Trust & Savings Bank (Cal.Sup.) 69 P.(2d) 853, this day decided, and the facts are substantially the same in both cases. The cases were tried together and the same principles apply to each.

For the reasons stated in the Hill Case, the judgment is affirmed.

EDMONDS, Justice.

We concur: SHENK, J.; CURTIS, J.; LANGDON, J.

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