Aderholt v. Wood

NOURSE, J.

Plaintiff sued to recover the sum of $4,857.50 with interest, this being the amount which his assignor had paid on principal and interest upon a written contract with the defendant for the-sale of forty acres of land situated in Los Angeles county. The contract price for the sale of the land was fixed at twelve thousand dollars, three thousand dollars of which was paid upon the execution of the contract and the remainder thereof, with interest, was payable at specified dates. Plaintiff’s assignor, the vendee under the contract, was unable to make his payments and from time to time requested and received further extensions and on numerous occasions urged the defendant to release him from the terms of the contract. On February 10, 1922, he addressed a letter- to- the defendant in which he stated definitely that he was unable to proceed further with the purchase and that he was directing his attorney to prepare a release and return of the ranch to defendant on the condition that he, the defendant, would cancel the agreement and release him from any further liability. This offer was accepted by the defendant and a few days thereafter he received from the vendee’s attorney a document signed by the vendee designated “Cancellation of Agreement” and providing that the contract of sale “has been this day canceled by mutual consent.” With

[668]

this document he also received a quitclaim deed from the vendee remising, releasing and quitclaiming to the defendant all interest in the parcel of land covered by the contract of sale. The document designated “Cancellation of Agreement” was dated February 16, 1922, was acknowledged by the vendee before a notary public in the county of Storey, state of Nevada, on the same date, and was acknowledged by the vendor on the twenty-seventh day of M'arch, 1922, in Hennepin County, Minnesota. The quit'claim deed was dated February 20, 1922, and was acknowledged by the vendee Dakin on the twenty-fifth day of February, 1922, in the county of Storey, Nevada, and by Margaret Dakin on the second day of March, 1922, in San Mateo County, state of California. The date of the delivery and exchange of these papers does not appear in the record, but it does appear that “both documents were received at the same time.” After the exchange of these papers the vendee made an assignment of all claims and demands against the defendant to the plaintiff herein, who commenced this action on June 7, 1922. Defendant’s answer admits the execution of the original contract and the payment of the money thereunder, but alleges that by the terms of the agreement dated February 16, 1922, taken with the quitclaim deed, the parties intended to and did effect a mutual cancellation and release of all obligations between them. The trial court found in accordance with the admissions of the pleadings on the material facts relating to the execution and cancellation of the agreement of sale. It also found that on the first day of April, 1922, the buyer executed and delivered the quitclaim deed to the defendant. In this respect the finding is unsupported by the evidence, as has been heretofore pointed out. The date of April 1, 1922, is the date of the recordation of the quitclaim deed in the office of the county recorder of Los Angeles county. It appears without contradiction that it was delivered to the defendant herein in Minneapolis some time during the month of March of that year at the same time when the cancellation contract was delivered to him.