Sequoia Investment Corp. v. Paillard

WHITE, P. J.

Plaintiff instituted this action to compel specific performance of a written contract to convey certain

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real property. Defendant was the owner and in possession of a parcel of real property situated in the city of Monterey Park, county of Los Angeles, described as “Lot 362 of Ramona Acres Plat No.

2.”

On April 16, 1952, plaintiff and defendant entered into a written agreement under the terms of which defendant agreed to sell for $1,000 and plaintiff agreed to buy “Lot 362 Ramona Acres, Plat No. 2 . . . property purchased will be described later and is to include all portions of said lot lying westerly of the existing wire fence. ’ ’ Contemporaneously with the execution of said agreement, plaintiff paid to defendant the sum of $200 as part payment on the purchase price.

On April 25, 1952, an escrow was opened wherein the following instructions were given:

“Lot 362 of Ramona Acres Plat No. 2, except the easterly . . . feet thereof, measured along the southerly line of said lot . . . which land is more particularly described as all portions of vacant land lying west of existing wire fence. Exact legal description will be later approved by buyer and seller. ’ ’

After execution of the foregoing agreement of April 16, 1952, plaintiff immediately went into possession of and commenced to improve the property by shoring up the large concrete flood control conduit crossing the property and proceeding to have the property filled, i. e., the ground level was raised from 20 to 25 feet as the property formerly was part of an old wash or arroyo paralleling Atlantic Boulevard on the east, south of Garvey, in the city of Monterey Park.

Plaintiff alleged in its complaint that the balance due on said agreement in the sum of $800 was deposited with the escrow holder. It was also alleged on information and belief that the property here in question was encumbered by a deed of trust dated August 28, 1950, to secure an original indebtedness of $6,500 to Guy F. and Blanche B. Williams, husband and wife, as joint tenants. That plaintiff on several occasions demanded that defendant execute and deliver to the escrow holder a conveyance covering said property but that defendant, without just or reasonable cause, refused so to do. Judgment was prayed for that defendant be required to convey to plaintiff the above mentioned property subject to any indebtedness secured by the foregoing trust deed.