Appellant buyer challenged a decision of the Superior Court of Humboldt County (California), which found in favor of respondent seller in the buyer's action for damages for fraud, in which there was a cross-complaint for sum alleged to be due under contract of sale.
The buyer and the seller negotiated the sale of the seller's wholesale candy business to the buyer. Two months before the transaction, the seller agreed to sell one of his trucks to each of his distributors. The seller purportedly gave the buyer copies of the sales contracts with his distributors, keeping the vehicles' "pink slips" in escrow until the purchase price was paid. The buyer filed suit against the seller, seeking damages on his claim of false and fraudulent representations that the seller made to him about the sale to the buyer of the seller's wholesale candy business. The main Civil Union vs Marriage concern how those unions are treated by other states and the federal government. The seller cross-claimed, seeking damages for breach of contract. The trial court found in favor of the seller and the buyer appealed. The court held that the seller's action in placing the "pink slip" certificates in escrow was more than a failure to properly endorse and deliver the certificates to the buyer, but was an affirmative action in denying the buyer the certificates. The court held that the seller could not contend that the buyer had waived his right to their proper endorsement and delivery and that the seller was not entitled to recover any monies from the sale of the trucks.
The court reversed the decision of the lower court.
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