Copertini v. Oppermann

Belcher, C. C. This action was commenced in the superior court of the city and county of San Francisco. The complaint alleges: “That at said city and county of San Francisco, on the fifth day of May, 1884, said defendants, claiming to be the owners of a certain piece or parcel of land, situate on Maiden Lane, in said city and county [describing the land by metes and bounds], in writing agreed to sell and convey the same to said plaintiff for the price of two thousand four hundred dollars; that then and there plaintiff paid to them on account of such purchase price the sum of two hundred dollars, and then and there defendants agreed, among other things, to return said sum of two hundred dollars to plaintiff, if the title to said real property should be defective; that on examination the title of said defendants to said real property proved defective; and plaintiff alleges that the defendants have not, nor has either of them, a good title to said lands; that plaintiff has notified said defendants of the failure of their title as aforesaid, and demanded of them the said sum of two hundred dollars, and that they have refused and still refuse to repay the same to the plaintiff.” And the prayer is for judgment against the defendants for the sum of two hundred dollars, with interest and costs.

[183]The defendants demurred to the complaint on the ground that the court had no jurisdiction of the person of defendants or the subject of the action.

The demurrer was overruled, and thereupon defendants answered, denying that their title to the premises was defective, and alleging that it was altogether good and sufficient. Defendants also, by way of cross-complaint, set up their contract to sell to plaintiff the lot in question for two thousand four hundred dollars, the payment thereon by him of two hundred dollars, and an agreement on his part to pay the remaining two thousand two hundred dollars within thirty days from the date of the contract. And they alleged that after the expiration of the thirty days they tendered to plaintiff a good and sufficient conveyance of the said property, and demanded payment of the said sum of two thousand two hundred dollars, but plaintiff had refused to pay the same, or any part thereof, and that they were still ready and willing to perform the contract on their part.

Wherefore they prayed that the relief asked for by plaintiff be denied; that the contract made between the plaintiff and defendants be specifically performed; and that plaintiff be adjudged to pay defendants the sum of two thousand two hundred dollars on the execution by them to him of a good and sufficient deed of the premises.