Turner v. Hitchcock

MELVIN, J.

Plaintiff sued to quiet his title to certain real property in the county of Tulare. Defendants by their answer admitted that the title was in plaintiff, but they set up a certain contract of sale and asked for a decree compelling plaintiff specifically to perform said contract. Prom a judgment in favor of plaintiff the defendants appeal.

The agreement in question was made on the twenty-second day of July, 1907, between James Turner and the defendants who were operating under the name of Hitchcock

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Company. By it Turner agreed to sell a tract of land described by metes and bounds, containing “500 acres more or less.” The sum of two thousand dollars was paid upon the execution of the contract and the receipt thereof was acknowledged in said agreement. There were other covenants not material to this discussion. All rights under this agreement were to lapse if Hitchcock & Company should fail to comply with the terms thereof. Turner was bound to place in escrow with the Bank of Tulare at Tulare City such deeds to the property as the other parties to the agreement should request, executed to

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such persons as they might designate. Time was made of the essence of the contract and the balance of the purchase price, $12,250, was made payable on or before the first day of November, 1907. The two thousand dollars paid on this contract were represented by a check drawn by one Rehard, and it was understood that Hitchcock & Company were to sell the land or a portion of it to him. . On August 31, 1907, an amendment to the contract was executed whereby it was agreed that upon the payment of the purchase price the east line of the property described would be run so that just five hundred acres would be included in the tract sold, but the purchasers retained the right to buy the balance of the land contained in the original description for the price per acre at which they were entitled to purchase the five hundred acres. Previous to the execution of the contract of July 22, 1907, Hitchcock & Company, who were agents for the sale of Turner’s land, made a contract as such agents with Rehard, whereby the latter was obligated to pay fifteen thousand dollars for three hundred acres of the land involved. This contract was dated July 20, 1907; the parties thereto were James Turner and Willis Rehard; the terms were two thousand dollars paid upon the execution of the agreement and the balance on or before November 1st; and a member of the firm of Hitchcock