Watson v. Fisher

NOURSE, J.

Plaintiff sued for specific performance of a written contract to convey real property. From the judgment in plaintiff’s favor the defendant has appealed on the judgment-roll and a bill of exceptions.

Plaintiff owned an undivided one-fifth interest in a tract of land in Bear Valley, San Bernardino County, adjoining Bear Valley Lake and known as the “North Estate’’ land. On July 30, 1918, plaintiff agreed in writing to convey to one Waterman her entire interest in said land with the condi

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tion expressed in the agreement that Waterman would convey to plaintiff “a one acre lot, abutting on Bear Valley Lake and always having access to the margin of said Lake and forming a part of the real property hereinbefore described.” It was further agreed that if the lot tendered to plaintiff was not satisfactory to her Waterman would pay her the sum of five hundred dollars. On August 7, 1918, plaintiff conveyed her interest in the property to Waterman in accordance with this agreement and on October 20, 1919, Waterman conveyed to defendant, who expressly assumed Waterman’s obligation to convey the one-acre lot to plaintiff. Thereafter defendant subdivided the property into lots and on May 25, 1922, tendered to plaintiff a deed of a lot which, it is agreed, met the conditions of the contract as to area and frontage. The plaintiff refused to accept the deed because the lot was located on North Bay, an inlet of Big Bear Lake, and did not abut the deep water of the lake as she desired. Defendant then tendered her the sum of five hundred dollars, which she also refused.

Big Bear Lake is an artificial lake in Bear Valley in which the water is held by a dam of about seventy-two feet in height. It is irregular in shape and some of the indentations in the shore line have been given special names, such as Metcalf Bay and North Bay. When water is drawn from the reservoir for summer irrigation the water line naturally recedes, and, to meet this condition, the defendant acquired from the owners of the reservoir the right to cross the uncovered land to gain access to the water. This right was passed on to the purchasers of the adjoining lots and was contained in the deed tendered to the plaintiff. The land purchased by the defendant is located on what is called a peninsula projecting into the Big Bear Lake and bounded on the east by Metcalf Bay and on the west by North Bay.