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acceptance action agent agreed agreement alleged ALR2d amount Anno assignment bona fide purchaser breach buyer CA2d Cal Rptr chaser claim complaint condition consideration contract of sale contract provides convey conveyance Corp court covenant damages default defects defendant deposit easement encumbrances enforce entitled equity erty escrow instructions estoppel executed executory fact failure forfeiture fraud fraudulent ground infra instalments interest judgment knowledge liability liquidated damages ment Miller misrepresentation mistake money paid mortgage obligation offer option optionor owner parol evidence party payment person plaintiff possession prop purchase and sale purchase money purchase price purchaser's quiet title quitclaim deed real estate real property realty reasonable recover recovery rely representations rescind rescission sale of land sale of real sell seller Selna Smith sold specific performance statute statute of frauds sufficient supra tender thereof tion tract Trust & Sav trust deed vendee vendor vendor's lien waived waiver Wilson