Taylor v. Sapritch

TUTTLE, J.

Appellant commenced this action for the purpose of compelling respondents to specifically perform the covenants contained in a deed of trust executed by them in

[479]

his favor. Respondents filed a cross-complaint far damages arising out of the alleged violation of an escrow agreement by appellant. The trial court found against appellant upon his complaint and in favor of respondents upon their cross-complaint. Judgment was entered in favor of respondents, Krekor H. Sapritch and Takoohie K. Sapritch in the sum of $1500, and in favor of respondent Armenia Ruth Sapritch in the sum of $1,000. The appeal is from the judgment.

On January 28, 1932, respondents executed a $1,000 note to appellant, which note was secured by a deed of trust on two lots owned by respondents—lot 7 owned by Mr. and Mrs. Sapritch, and lot 6 owned by Armenia Ruth Sapritch, their daughter. On April 12, 1934, a further advance of $500 was made by appellant, secured by this deed of trust. This trust deed constituted a first lien on lot 6, and a second lien on lot 7, upon which a prior deed of trust, secured by a note in the sum of $4,150, was held by the Security First National Bank of Los Angeles. Appellant and Sapritch met at the Security First National Bank on January 28, 1935. At this time appellant advanced Sapritch $4,392.46, which amount was paid over to the Security First National Bank in full payment and satisfaction of its said indebtedness. The deed of trust was marked “Paid”, as of January 31, 1935, and a letter written on February 1, 1935, to the Los Angeles Trust and Safe Deposit Company, the trustee, stated that the note and deed of trust were being sent to said trustee for cancellation. At the time that the $4,392.46 was paid over to the bank, Mr. Sapritch executed a writing authorizing the

bank

to forward the note, trust deed, and request for reconveyance to the appellant, Mr. Taylor.

Through inadvertence, these papers were mailed to respondent Sapritch, who received them on February 5, 1935. This note, canceled deed of trust, and other papers were held by the respondent until the bringing of this action.

They were admitted in evidence during the trial.