Loegering v. Bossen

MAXEY, J., pro tem. Plaintiff was engaged in the hog business near Sacramento, California, and in May, 1927, purchased a contract from Robert Barberro (sometimes known as “Smokey” Barberro), to the garbage or swill business in Marysville, California. Shortly thereafter, and in June, 1927, plaintiff entered into negotiations with Arthur Gorwood, a real estate broker in the city of Marysville, for the purchase of certain real property owned by defendants in Yuba County, California. Gorwood was admittedly the agent of defendants in the transaction.

Gorwood showed plaintiff several parcels of land, including the 35-acre tract which is the subject of this action. This land was somewhat peculiarly situated, and the physical characteristics thereof suited plaintiff’s purpose as a hog ranch. The agent informed the plaintiff that the price per acre of said tract was $250. Plaintiff then requested a reduction in price as to a portion of the land, and this request was acceded to by the defendants. An agreement of sale and purchase was entered into between the parties on June 20, 1927. The plaintiff moved onto the premises and improved them by the erection of a house, outbuildings, sheds and cor! [501]rals. He further improved the land by leveling a portion thereof and planting crops thereon.

On July 17,1927, plaintiff returned to Gorwood’s office and entered into a contract to purchase ten additional acres adjoining the 35-acre tract originally purchased by him. Plaintiff paid the interest due upon both contracts and also paid the taxes on both pieces of property until on or about July 1, 1935. On or about the latter date plaintiff offered to return the 10-acre tract to defendants in consideration of the release of liability under the contract of purchase and sale of said 10-acre tract. This proposal was accepted by defendants.

Plaintiff had made some payments on the principal due under the terms of the original contract, but was in arrears in such payment in October, 1932. Plaintiff at that time requested defendants to modify the said original contract and release him from liability thereunder by excluding all of the land excepting 12 acres thereof upon which his buildings were located, and further requested the defendants to accept the sum of $1,000 as the entire purchase price of said 12 acres. This proposal was rejected by defendants, and upon plaintiff’s failure to pay the amount due under the contract, defendants commenced a suit in ejectment against plaintiff which resulted in his being removed from the premises.