Koblick v. Larson

TYLER, P. J.

This is an action brought to enforce specific performance of a contract relating to certain real property. The action was the result of a real estate transaction involving some sixty-six acres of land situated near Windsor, in the county of Sonoma, which appellant, as an agent of the owners, sold to respondent Larson. The facts are substantially without conflict and are in substance as follows:

One James E. Dowd and his wife Sarah were the owners of the land, and in January, 1920, appellant procured’ an option entitling him to either purchase or sell the same. This option was never exercised by him and was canceled, but Dowd and his wife verbally authorized plaintiff to buy or sell the ranch for sixteen thousand five hundred dollars net to the owners. Respondents Horovitz and Noreen were real estate brokers who associated themselves with appellant for the sale of the property, and they procured a purchaser for the same in respondent Larson. According to the agreement of sale Larson was to pay the sum of twenty-two thousand dollars for the property. This sum was made up by a cash payment of nine thousand eight hundred dollars, a note for eight thousand dollars secured by a mortgage, and the balance of the consideration was to be paid by a

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conveyance to appellant of the land in dispute, which consisted of a house and lot in Petaluma valued at four thousand two hundred dollars. After the transfer of the land was made to Larson, in accordance with the terms of the agreement of sale, he refused to execute a deed of the Petaluma property to appellant, but conveyed the same to respondents Horovitz and Noreen, the associates of appellant. Thereupon this action was brought and Horovitz and Noreen are joined as parties defendant. All respondents joined in common cause against appellant. They appeared by answer and cross-complaint, alleging fraudulent representations on the part of plaintiff with reference to the sale of the property. These alleged fraudulent representations were to the effect that plaintiff owned the land and had paid nineteen thousand dollars therefor, and that it was worth twenty-five thousand dollars; that the trees and vines growing thereon were in a good and healthy condition and that the land produced an income of six thousand dollars a year. Defendants sought damages under their cross-complaint to the extent of five thousand five hundred dollars, together with a prayer that it be decreed that respondents Horovitz and Noreen were entitled to an undivided one-third interest in the house and lot in Petaluma. Appellant, answering the cross-complaint, denied that plaintiff or his associates had made any false representations, and alleged that respondent Larson purchased the property after full, fair, and complete examination of the same. The trial court found in substance that the representations as to ownership, income, and productiveness of the lands were false; that the land was not suitable for raising fruit trees or grapevines, and that the vines or trees growing thereon were not sound and healthy as represented, but, on the contrary, were unsound, decayed, and unhealthy, and were dying out, and that trees would not grow on the land on account of the poor quality of the soil. The court further found that the property was reasonably worth the sum of sixteen thousand five hundred dollars and no more. Transfer of the Petaluma property was refused and ownership thereof was decreed to be in defendant Larson in addition to which a money judgment for the sum of thirteen hundred dollars was entered in his favor. Appellant appeals from the judg