Farina v. Bevilacqua

DRAPER, J.

The trial court’s effort to rectify a particularly sharp bit of practice by defendants has led to this appeal.

Plaintiffs owned and farmed 10 acres of land along the easterly side of Channel Street, a dirt road in unincorporated territory of Alameda County. Defendants had been subdividing land west of Channel Street, and planned a shopping center directly across that street from plaintiffs’ land. It is clear that widening and paving of Channel Street would enhance the value of the proposed shopping center. San Lorenzo Village Homes Association, an organization of property owners in surrounding areas, also was interested in the improvement of Channel Street. The association’s manager, Sanford, asked the aid of defendants in securing the 60-foot right of way which all parties understood was required by the county, rather than the existing 20-foot width of Channel Street. Defendants agreed to contribute 20 feet of land from their property, provided a like width on the other side of the existing street could be obtained from plaintiffs. Defendants said that they would prefer not to negotiate a business transaction with plaintiffs, and asked Sanford to conduct the negotiations with plaintiffs on defendants’ behalf. Sanford arranged for plaintiffs to sell the 20-foot strip, a total of .437 acres, for $6,000. There is evidence that its market value was substantially larger than this agreed price.

Plaintiffs first learned that defendants were paying the purchase price when Sanford asked that deed of the strip be made to defendants. Plaintiffs were then told that the county desired to have the conveyance to it in a single deed, and that it was for this reason that they were asked to convey their land to defendants. Plaintiffs then asked the written agreement of defendants to construct a “minimum fence” along plaintiffs’ side of the road. This agreement was given, and plaintiffs deeded the 20-foot strip of land to defendants. Defendants arranged with the county that the roadway be but 58 feet in width, rather than the 60 feet which had been represented to plaintiffs. Defendants conveyed to the county only the land necessary for a roadway 58 feet wide. The 2 feet not deeded to the county immediately adjoined plain

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tiffs’ land, and separated it from the street, which was paved by the county. Upon completion of the paving, defendants’ counsel advised plaintiffs that they were trespassing upon defendants’ land in going to and from the roadway over the 2-foot strip retained by defendants. Plaintiffs promptly gave notice of rescission, and tendered to defendants the proportion of $6,000 represented by the 2-foot strip retained by defendants. This action followed. The court decreed rescission and directed defendants to deed the strip to plaintiffs upon repayment to them of this proportion of the original price.