Barberich v. Pooshichian

LANGDON, P. J.

This appeal is taken by the defendants, Arsen and Ada Yeretzian, from a judgment against them in an action to have a certain contract for the purchase and sale of real property in the county of Fresno, state of California, declared forfeited and to recover damages alleged to have been caused because of waste committed upon said property by the said defendants, while they were occupying the same under a contract to purchase.

In April, 1920, the plaintiffs and the defendant, Pooshichian, entered into a contract with relation to said land, by which plaintiffs were tó sell and said defendant was to

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■buy the same. Said defendant paid $1,500 to plaintiffs as the first payment upon the property. The purchase price was to be $6,600, payable in installments, and this sum also included the purchase price of certain personal property, such as horses, cows, chickens, and farming implements upon the property. The agreement also contained a provision that the taxes upon the land were to be paid by the purchaser and that the purchaser was to care for the premises “in the best farmlike manner and keep and maintain all of said personal property thereon in good order and condition and care and feed all the livestock thereon in the best farm-like manner.” There was also a provision that the purchaser should not commit nor suffer to be committed any waste or damage to the premises, and that in the event the purchaser should fail to comply with the terms and agreements on his part to be kept and performed, the sellers might, at their option, declare the agreement canceled, annulled, and at an end and re-enter and take possession of the property, and that in that event all sums theretofore paid by purchasers under the' contract should be forfeited and held and retained by the sellers as a reasonable rental for the use and occupation of the premises.

The breach relied upon by the plaintiffs as working a forfeiture of this contract was the failure to pay taxes for one year and the failure to keep the premises free from noxious weeds and grasses and to properly cultivate the same and properly care for the grape-vines and fruit trees planted thereon. The trial court gave judgment against the defendants jointly, canceling the contract, decreeing that all moneys paid under said contract be retained by plaintiffs as and for rental for the use and occupation of the premises, and that the plaintiffs recover $1,000 damages for waste and damage done to the property during the time they were in possession of same, and $450, the value of certain chickens, hogs, cows, and horses, sold and disposed of by defendants, which were a part of the personal property included in the contract. The judgment also bound the defendants to return the balance of the personal property included in the contract or pay the reasonable value thereof, which was recited in said judgment.