Crawford v. Hopper

YORK, P. J. This is an appeal by defendants from a judgment rendered in favor of plaintiffs in an action for rescission of a contract for the purchase of real property, and for money had and received.

It appears from the record herein that on November 21, 1941, appellant Hopper, as sales agent for the corporate appellants, issued a receipt to respondents for the sum of $500, being a deposit on the total purchase price of $6,000 for Parcel 126 on Linda Flora Drive of Bel-Air, in the city of Los Angeles. The balance of $5,500 was paid by respondents on November 24, 1941.

The instrument of November 21st was accepted by respondent Madeline Thomas Crawford, and contained, among others, the following terms:

“Subject to Company restricting Parcel 125 adjoining above site on the South to a one-story dwelling . . . Taxes to be prorated for the year 1941, 1942 . . . The purchaser also agrees within 30 days ... to accept a grant deed used by the seller . . . Time is the essence of this agreement. No verbal representations or promises not contained herein pertaining to the purchase of said property shall be binding upon Chas. B. Hopper, General Sales Agent,-or the owner of said property. This receipt is given subject to the approval of the owner. On execution of the deed a certificate of title issued by a reputable title company with liability limited to the amount of the purchase price shall be furnished by the seller showing title vested in such seller. ...”

[638]Sometime during the latter part of December, 1941, while the property was in possession of appellants and without the knowledge of respondents, the United States Army took possession thereof, constructed buildings thereon, erected concrete foundations and made excavations for gun placements, and thereafter continued in possession without the consent of respondents.

On the twenty-ninth day after the date of said agreement, to wit: on December 20, 1941, appellant Hopper indited a letter to respondents to the effect that the transaction had been concluded and the grant deed to the property recorded. Enclosed therewith was a preliminary title report showing taxes due and delinquent in an amount of $3,501.22 for the year 1941-1942 on an unsegregated parcel of land which included said Parcel 126. There was also enclosed a guaranty from the Bell Corporation for the payment by it of such taxes as soon as a segregated tax bill could be secured or a subdivision map could be recorded. Said letter also stated that the respondents’ prorata of the 1941-1942 taxes amounted to $44.75, a check for which respondents were requested to issue.