Parry v. Campbell

LANGDON, P. J.

This appeal is taken by the defendants from a judgment against them enforcing specific performance of an agreement between them and plaintiff for the exchange of real property.

After a careful reading of a lengthy transcript upon appeal, it has become evident that there is ample evidence to support the findings of the court and we shall state the facts as found by the trial court: On April 6, 1922, defendant Amy I. Campbell, with the authorization, knowledge, consent, advice, and approval of her husband, defendant W. A. Campbell, entered into an agreement with plaintiff by which she was to exchange a house in Los Angeles County for a certain ranch in Riverside County belonging to plaintiff. The terms of the exchange were clear and definite. The house was to be free and clear of all encumbrances, except a mortgage of $3,000, and the ranch was to be free and clear of encumbrances, save and except a first mortgage of $3,500 and a second mortgage of $7,250 to be given by Amy Campbell to plaintiff as a part of the purchase price of said ranch. An escrow agreement was entered into, the Glendale State Bank to act as escrow-holder and to carry out the instructions of both parties with reference to the several matters and things to be done before the trade could be consummated. The details of the escrow agreement are set forth in the findings, but the enumeration of them here would only serve to lengthen and complicate this opinion. It is sufficient to say that plaintiff did everything required of her under the agreement and placed the bank in a position where it could consummate the trade. A deed from plaintiff to defendant conveying the title to the ranch was in the hands of the bank, but before delivering and recording the same, the bank was to use funds in its possession under the

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escrow agreement to pay off an encumbrance against the property. In the meantime, defendants had taken possession of the ranch and lived upon it for several months, and had placed plaintiff in possession of the house to be transferred to her. On September 5, 1922, defendant Amy I. Campbell notified the bank to rctipm her papers and that she would not go on with the exchange. The two days preceding September 5th had been holidays at the bank and this fact, together with the rush of business, had prevented the bank from consummating the trade before September 5th, although everything required of plaintiff had been done by her prior to that time. As this situation involves one of the “storm-centers” of the appeal, we repeat the finding of the court with relation to it: “That prior to September 5, 1922, and at all times thereafter and at all times mentioned in said complaint the plaintiff was ready and willing to perform and did tender and cause to be téndered to the defendant, Amy I. Campbell, the papers, instruments and money on her part to be performed and that the said bank had the necessary papers but was not given sufficient time to complete its work by said defendants, all of which was without the fault of the plaintiff and that the defendant had presented the papers to the said bank but that said bank did not have sufficient time to complete the instructions as given by said defendants, all of which was without the fault of the plaintiff and that it is true that if the said bank had not been stopped on September 5, 1922, that it could have completed its work and shown the Perris Valley Ranch free and clear of encumbrances except such as were set forth in the instructions and that the bank had other instructions and moneys in additional escrows that, if this escrow between Parry and Campbell had not been stopped would have allowed the said Bank to complete all of the instructions of both the plaintiff and defendants.”