Haddock v. Knapp

SLOSS, J.

The plaintiff appeals from a judgment denying a decree for specific performance of an agreement to exchange real property. The appeal is on the judgment-roll alone.

It is alleged in the complaint that on June 14, 1912, the plaintiff and the defendants entered into a written agreement, whereby the defendants agreed to convey to plaintiff lot 7 of

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tract 510 in the city of Los Angeles, subject to a mortgage thereon for three thousand dollars, and subject also to a lease which was to be assigned to plaintiff. Plaintiff, on his part, agreed to convey to the defendant I. D. Knapp, lots 14 and 15 of the Churchill tract in the city of Los Angeles. The complaint alleges an offer of performance on the part of the plaintiff and a refusal by the defendants to comply with their agreement. Paragraph 4 of the complaint alleges “that said contract and the terms and conditions thereof aforesaid were and are in all respects just and fair and reasonable between the parties thereto.” The answer admits the making of the contract and the refusal to convey, but denies the other material allegations. In particular, it denies the allegation of paragraph 4 of the complaint. It also sets up, by way of separate defense, certain misrepresentations claimed to have been made by the plaintiff in order to induce the defendants to enter into the contract, and alleges, further, that the property agreed to be conveyed by defendants was worth, over and above encumbrances, the sum of two thousand eight hundred dollars, while plaintiff’s property was worth not to exceed one thousand four hundred dollars.

The court found that all of the allegations of the complaint are true, except the allegation contained in paragraph 4 with reference to the just, fair, and reasonable character of the agreement. It found against the affirmative allegations of fraud contained in the answer, and made further findings that the consideration for the agreement of exchange is and was not adequate, that the terms of said agreement are not fair, reasonable, and just; and that the plaintiff’s property, at the time of the agreement, was of the value of one thousand eight hundred dollars, and defendant’s property was of the value of five thousand five hundred dollars, and was subject to a mortgage of three thousand dollars.