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Marsh v. Lott

California Court of Appeal

97 P. 163 (1908)

Relevant factsFree

Robt. Marsh & Co. (plaintiff) paid M.A. Lott (defendant) 25 cents for an option to purchase Lott's land for $100,000, exercisable up to June 1, 1905, with a possible 30-day extension. Marsh notified Lott on June 1 that he was extending the option, but Lott revoked it the next day; Marsh nonetheless paid Lott $30,000 under the original agreement on June 29 and sued for specific performance. The trial court found the 25-cent payment was inadequate consideration and ruled for Lott.

IssueFree

Whether an option contract is revocable due to inadequate consideration.

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