Bellasi v. Shackelford

PIERCE, J.

Respondent, an owner of real property, sued under the statutory declaratory judgment provisions (Code Civ. Proc., § 1060 et seq.) for a determination that escrow instructions simultaneously filed by himself and defendants did not match and that his offer to sell was revoked prior to defendants’ acceptance. Appellants, cross-complaining, contended a binding contract was in effect. The record discloses the following:

Appellants Shackelford, husband and wife, negotiated to buy 84 acres from respondent Bellasi for $6,000. On August 28, 1959, both filed their escrow instructions with the title company. No written agreement preceded this transaction. The respective instructions filed evidence that there was then no meeting of the minds because Bellasi, the seller, filed a deed

reserving a life estate

in the lands and this same reservation was expressed in his instructions. On the other hand, the instructions of the buyers, the Shaekelfords, specified that they would accept a deed containing a clause giving the grantor

“the right to live in the house

situate on the subject property for the rest of his natural life.” (Emphasis ours.) Appellants contend that the difference in instructions was due to a mistake of the title company. However, there was no satisfactory evidence of any agreement by Bellasi to sell on the terms limited to house occupancy as prescribed by the Shaekelfords and the court found no such agreement.

There was no change in the instructions during a two months’ period. On October 23, 1959, the title company issued its preliminary report revealing a description uncertainty. A survey was required to obtain an insurable title in the buyers.

Then, on December 21, 1959, Bellasi employed an attorney and the two went to the title company and orally revoked the offer to sell and demanded back the deed and the “seller’s” instructions. The latter contained a provision they were to be

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11 effective for 30 days and thereafter until revoked by written demand on you,” and the title company therefore refused the demand and got in touch with Mrs. Shackelford. On December 22, 1959, appellant Geneva Shackelford talked to Mr. Chadwick, the manager of the title company, told him she did not want to cancel the escrow and at that time filed a written consent to respondent’s reservation of a life estate and also agreed to pay the cost of a survey to obtain an accurate property description. On December 23, 1959, Bellasi delivered to the title company a written revocation of his instructions and demand for return of the deed.