Southern Pacific R. R. Co. v. Owens

LAWLOR, J.

This is an appeal by the defendants from a judgment for the plaintiff in an action to declare a forfeiture of the defendants’ interest in certain real property. Findings were waived and there is no dispute as to the facts.

On February 1, 1910, the plaintiff corporation entered into an agreement with defendant Sallie Owens for the sale to her of lot 10 in block 4 in the town of Moron, Kern County. The price agreed to be paid for the lot was four hundred dollars, and the vendee paid down one-third of the purchase price; the remainder was paid in two deferred payments. This contract contained a clause as follows:

“Provided, however, that this agreement is on and subject to condition that as a part of the consideration hereof

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no wines, beers, or other spirituous, vinous, malt or alcoholic liquors or beverages of any description shall ever be sold or kept for sale or given away upon said premises upon penalty o£ forfeiture of all right, title and interest in and' to said premises and the immediate reversion thereof 'and the revesting of the title thereto in said Railroad Company, its successors and assigns ...” And the contract further provided that: “All of the said foregoing exceptions, reservations, conditions, and limitations shall be written into the deed of said land, herein provided for, and shall run with the land, and all holdings by, through, or under purchaser are subject thereto.”

Subsequent to the execution of said contract, defendant Owens sold and assigned her interest therein to defendant A. I. Scott, who expended about two thousand five hundred dollars in the fitting up of a saloon upon the premises, the purchase of stock, the payment of rents, and of a license fee to the city of Taft. In February,- 1911, Scott 'opened up a retail liquor business on the place and has been conducting - it ever since. On September 20, 1911, plaintiff commenced this action against defendants to declare a forfeiture of the premises under and by virtue of the anti-liquor clause above quoted. The action proceeded to trial and the court adjudged that the defendants, by reason of the violation of the said condition in the contract, had lost and forfeited all right, title, and interest in and to the premises, and decreed that “the plaintiff is the owner in fee and entitled to the immediate possession of Lot 10 in Block 4 in the Town of Moron (now Taft) ...”