CENTRAL BANK OF OAKLAND v. WELLS FARGO BANK UNION TRUST CO (1937)

Supreme Court of California.

CENTRAL BANK OF OAKLAND v. WELLS FARGO BANK & UNION TRUST CO.

Civ. 10051.

Decided: March 18, 1937

Sherman & Peters, of San Francisco, for appellant. Fitzgerald, Abbott & Beardsley, of Oakland, for respondent.

The petition for hearing is denied. We are not willing to give our approval to the statement in the opinion that the assumption of the encumbrance of the lien by the purchaser of the encumbered property is an offer to the mortgagee which becomes in all events binding upon the purchaser when accepted by the mortgagee. We base our order denying a hearing upon the finding that there had been no rescission by the purchaser of his agreement to assume and pay the lien against the property purchased.

PER CURIAM.

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