Parker v. Beach

LAWLOR, J.

The appellants were partners in the real estate business, conducting it under the firm name of Beach & Dool. They dealt in government lands in Imperial Valley, California. On July 9, 1908, in consideration of the sum of four thousand dollars, they contracted to sell plaintiff 334.72 acres of desert land upon which one William De Legro had made entry on June 3, 1908, and, as part of the transaction and in order to close the deal, entered into a written contract with him. That contract, with the pertinent provisions italicized, .reads in part as follows :

“Whereas, Thomas Beach and Edward Dool, a partnership, . . . are agents for William De Legro in the selling of certain government lands in Imperial Valley; and . . .' are desirous of selling to R. J. Parker the

property belonging to

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said William De Legro

[describing it] ; and whereas, as a consideration for buying said property through the said agency of Beach & Dool, said Thomas Beach and Edward Dool, as an inducement to said R. J. Parker to buy said property, have agreed with said R. J. Parker that

should he he dissatisfied with the purchase

of the above described

property, they will huy hack the same

for four thousand ($4,000) dollars at any time between February 1, 1909, and April 1st of the same year; together with seven per cent (7%) interest on said amount, including the cost of improvements placed on said property by the sanction of Beach & Dool:

“Now therefore . . . said parties of the second part [the appellants], for and in consideration of the aforesaid understanding and agreement, agree with said party of the first part [the plaintiff] that if [he]

is dissatisfied with said property

. . . ,

or does not care to retain the ownership of the same,

that they and each of them will purchase said