Stamm v. Colvin

[181]

WEYAND, J.,

pro tem.

Plaintiff and respondent Clara Vivian Stamm originally brought this action in ejectment against the defendant and appellant B. E. Colvin. By cross-complaint said defendant and appellant sought to compel specific performance by plaintiff of a contract between defendant and one Colin N. Clinch. Colin N. Clinch was, on May 11, 1924, the owner of the premises in controversy, and both plaintiff and defendant derive their respective titles, if any they have, through said Clinch.

On May 11, 1924, Colin N. Clinch made and executed a written offer to exchange properties, which said offer was in words as follows:

“Los Angeles, California, May 11, 1924. “Mr. J. K. Delozier,

“515 Hill-street Bldg.,

“Los Angeles, California.

“Dear Sir:

“I will deed lot 1, Tract 5155 to B. E. Colvin subject to encumbrance and liens of record, and agree to pay off same down to $8,000.00; also to pay interest on all encumbrance, until it is reduced to the $8,000. And let Colvin take immediate possession of said property. Providing B. E. Colvin, will deed to me or my assigns, Lot 5, of Ivareen Terrace Tract,

abd

extend note of $8,000, and return same when encumbrance on Lót 1 is reduced to the $8,000.

“The $8,000, on Lot 1, of Tract 5155, is not to become due within two and a half years and the interest rate not to exceed 7%.

“Yours very truly,

“O. L. Clinch.”

Colvin at the time of making said offer was in Willows. The said J. G. Delozier to whom said offer was addressed, was at said time a partner of said Colvin, and lived in Los Angeles. Prior to the making of said written offer Clinch and Colvin had discussed the making of such a trade, and Clinch took Colvin to see the property in controversy. Upon receipt by Delozier of the written offer, Delozier at the request of Clinch, forwarded the written offer to Colvin at Willows and thereupon Colvin returned to Los Angeles, accepted Clinch’s offer, and about June 15, 1924, was by Clinch put into possession of the Clinch