Nissen v. Stovall-Wilcoxson Co.

[317]

VAN DYKE, P. J.

Defendant and appellant, Stovall-Wilcoxson Company, a corporation, owned real property situated in Improvement District No. 1, which is an improvement district created within the Glenn-Colusa Irrigation District, pursuant to provisions of the Irrigation District Act. The improvement district had planned certain proposed improvements, and, following statutory procedure, had levied an assessment on the lands within its boundaries to pay the cost thereof. It had then issued long-term warrants against the assessment payable in 10 annual installments, which were secured by the assessment which constituted a lien on the land. The improvement district also laid annual charges against the land for maintenance and operation of its works of improvement. On December 8, 1943, plaintiffs and respondents, L. J. and Ralph A. Nissen, negotiated for the purchase of some of appellant’s land and the following receipt agreement was mutually executed:

“Williams, California

December 8, 1943

“Received of L. J. & R. A. Nissen, the sum of Five Hiindred Dollars (500.00) as a deposit on the purchase price of [description of land], containing in all approximately 330 acres of land.

“Subject of [sic] the following conditions:

“Purchase price of $75.00 per acre, acreage to be determined by actual survey. Cash for the balance of the purchase price on delivery of deed and policy of title insurance showing title to be clear and merchantable, said policies of title insurance and Survey to be paid by the seller.

“Subject to an agreement of the Stovall-Wilcoxson Company to pay all assessments of Improvement District No. 1 until such time as same are legally removed. Said bonded debt of said district being already paid by said company.

(E.A.B.)

Subject te immediate possession te the buyer.- (E.A.B.)

“Taxes and assessments of Glenn-Colusa Irrigation District to be prorated on passing of title.

Stovall-Wilcoxson Company