Ussery v. Jackson

McCOMB, J. Prom a judgment in favor of defendants after trial before the court without a jury in an action for specific performance of an agreement for the sale of real property, plaintiffs appeal.

The undisputed facts are these:

In September, 1945, plaintiffs were shown certain real property belonging to defendants by a real estate broker.. Some two or three weeks later plaintiffs called upon another real estate broker, Mr. W. H. Coffinberry, and asked him to see what kind of arrangement he could make with defendants for the purchase of their property. Thereafter Mr. Coffinberry called upon defendant Wallace W. Jackson and learned that [356]his property was for sale at $26,000. On Wednesday evening, October 17, 1945, Mr. Coffinberry went to Mr. Jackson’s home about 8 o ’clock and stated to him that some prospects for the purchase of his property were available. After discussing the terms Mr. Coffinberry prepared an instrument which was signed by defendants. The next morning Mr. Coffinberry arrived at plaintiffs’ home and they delivered to him a check for $1,000 and signed the instrument previously executed by defendants, which instrument reads as follows:

“October 17, 1945

“The undersigned W. W. Jackson owner of the following property known as:

2611 and 2613 ) Canada Boulevard

2611A and 2613A ) Glendale, Los Angeles

2611B and 2613B ) County, Los Angeles

does by these presents, agree to sell the above described property and furnish a clear title on the following terms to wit:

“$1,000.00 cash at the time of signing escrow on or before November 3,1945

“10,000.00 cash to be paid to said escrow on or before the closing of said escrow July 1, 1946

“14,000.00 to be represented by a note of even amount at the rate of 5% interest on deferred payments, including payments of $200.00 per month, including interest all in favor of Wallace W. Jackson and Marcella J. Jackson, his wife. Additional payments of multiples of $100.00 to be accepted at the date of any monthly payment.

“Present owner, W. W. Jackson to remain in Unit #2611 now occupied by him free of rent to July 1, 1946 and to collect all rents from the other five units, pay all taxes, insurances, and water rentals to July 1, 1946 all of which is a part of the consideration. And further said W. W. Jackson shall have the right to occupy said #2611 from July 1, 1946 upon the payment of $50.00 per month in advance.