Stratton v. Grant

DOOLING, J.

Cross-defendants Grant appeal from a judgment entered in favor of cross-complainant Anglo California National Bank of San Francisco (hereafter called Anglo) as guardian of the estate of Anna M. Snider. In a suit brought by one Stratton to quiet his title to the real property involved Anglo as guardian of Mrs. Snider filed a cross-complaint to rescind a deed to appellants Grant and another deed to the same property to plaintiff Stratton on the ground that when the deeds were executed Mrs. Snider was of unsound mind. The court entered judgment rescinding both deeds. Stratton has not appealed.

On January 17, 1953, Anna M. Snider entered into a written agreement for the sale of her home and the furniture in it to G. E. Stratton for the sum of $9,300, the agreement providing for a broker’s commission of $450. On January 20,1953, she signed a deed conveying this property to Stratton. This deed was acknowledged March 13,1953, and was recorded

[816]

April 7, 1953. No part of the purchase price on this transaction was paid to Mrs. Snider.

On February 25, 1953, Mrs. Snider and Eugene Grant entered into an agreement for the sale of the same house to Grant. The purchase price was $7,000, exclusive of furniture and not subject to any commission. Mrs. Snider received the full purchase price and the deed covering this transaction was placed of record on March 4, 1953.

Anna M. Snider was declared an incompetent on April 21, 1953, and Anglo was appointed guardian of her estate.

About April 15, 1953, prior to its appointment as guardian, Anglo, on behalf of Anna M. Snider, notified the Grants in writing that the purported sale to them was rescinded and offered to return the $7,000 paid by them to Mrs. Snider. On April 21, 1953, subsequent to its appointment as guardian, Anglo was notified by the Grants of their refusal to reeonvey the property to Mrs. Snider on payment to them of $7,000.

In addition to ordering the rescission of both the Stratton and Grant deeds the trial court further decreed that Anglo, as guardian, was entitled to a reconveyance of the property by the Bank of America upon payment to it of $5,603.39 plus interest (the amount due on a loan taken out by the Grants and secured by a deed of trust). The court also ordered that upon reconveyance of the property the guardian should pay to the Grants the sum of $571.61, less the reasonable rental value of the property at the rate of $75 per month until the reconveyance should be accomplished.