California Mutual Co. v. Voigt

THOMPSON, J.

The defendants have appealed from judgments which were rendered against them in an action for specific performance of three contracts to purchase certain lots in Los Angeles. The complaint sought to compel the payment of the balance of the purchase price of the lots according to the terms of the agreements. A general demurrer to the second amended answer was sustained. The defendants refused to amend their pleading, and judgment was rendered against them for specific performance of the contracts. The defendants have also appealed from a separate judgment which was rendered against them in the same suit, sustaining a special demurrer to their cross-complaint or special answer to the complaint which charges the plaintiff with procuring the contracts to purchase the lots by the exercise of fraud.

The complaint is couched in three separate causes of action based upon three separate contracts for the sales of different

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lots. The contracts are attached to the complaint as exhibits and made a part thereof. The complaint alleges that the plaintiff was the owner of lots 86, 97, 192 and 193 of tract 8077 of Los Angeles, according to the map of that tract on file in Los Angeles County; that lot 97 was sold on contract to the defendants Emilie, Anna and Esther Voigt, October 19, 1927, for the sum of $2,750, and that $1666.46 of the purchase price thereof still remains unpaid, together with interest thereon from March 1, 1932; that lot 86 was sold on contract to all four of the defendants, November 1, 1927, for $2,750, and that $1666.46 of the purchase price remains unpaid, together with interest thereon from March 1, 1932; that lots 192 and 193 were sold on contract to Emilie, Anna and Esther Voigt, October 16, 1927, .for the sum of $15,000 and that $9,251.48 of the purchase price remains unpaid, together with interest from February 17, 1932. It is then alleged that the lots are reasonably worth the sums for which they were sold; that the defendants “failed, defaulted, neglected and refused to pay” the balances of the purchase prices of their respective lots, and that they have “in writing, repudiated their obligations upon the said contract”; that the plaintiff has tendered to the purchasers of the lots, deeds of conveyance thereto, to be delivered upon the payments of the balances due thereon, but that the defendants have failed and refused to accept the deeds or pay the balances due upon the purchase prices thereof. It is then alleged that counsel fees in the sum of $750 and other expenses have been incurred on account of the defendants’ default, and specific performance of the contracts is sought to compel the payment of the balances due according to the terms of the contracts, together with costs and counsel fees.