Clifford v. Epsten

MUSSELL, J.

Defendants appeal from an interlocutory judgment and final decree in an action for declaratory relief to determine the rights of the parties under the terms of an agreement to sell a trailer court situated in San Diego.

The real property, operated as a motor trailer court, was owned by the defendants and contained accommodations for approximately 40 tenant trailers, including one which was used temporarily by the defendants as an office and living quarters for the manager of the court. The principal controversy herein is whether the trailer used as an office was sold with and as a part of the real property involved.

Defendants listed the trailer court for sale with a real estate broker and on March 26, 1950, the property was advertised in a San Diego newspaper. The listing contained no reference to the trailer in question and the advertisement described the property to be sold as a trailer court—43 trailer spaces— very modern owners’ bungalow and office—2 car garage— bathhouse—toilets — washroom — very best equipment — lot 200x300, completely fenced.

Plaintiffs, who were living in their own trailer on the premises, read the advertisement, contacted the broker,” and on April 3d executed and submitted a written offer to purchase “the following described real property: Juan Street Trailer Court. 3036 Juan Street. Ground size approximately 200x 300 feet. Room for 41 trailers, plus house and garage, purchase price $37,500.” This offer was accepted by the defendants and on April 4, 1950, an escrow agreement was signed by the parties and $5,000 deposited with Balboa Escrow Company. The property to be sold was described in the escrow instructions as “lots 1 and 2 and the Northerly 50 feet of lots 3 and 4 of block 379 of Old San Diego. ’ ’

A few days before the escrow closing date, defendants

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removed the trailer in question from the premises. On May 3, 1950, the plaintiffs served notice of rescission on the defendants, the escrow holder and the broker, demanded a return of their deposit, and on May 8, 1950, filed an action for recission and declaratory relief by which they sought a determination of their rights of rescission, if any, under the purchase contract and the escrow agreement.