Williams v. Palmer

WHITE, P. J. Plaintiffs, vendors in an installment contract for the sale of real estate, brought an action to “quiet title and foreclose contract” because of the asserted failure of defendants to make the installment payments as required. Defendants by cross-complaint sought affirmative relief. After trial without a jury, judgment was entered that plaintiffs take nothing, that they remove certain clouds existing upon the title to the property in question, and that they convey the property to the defendants and cross-complainants, together with a certificate of title, upon payment by the defendants of the sum of $1,326.81. From such judgment plaintiffs appeal.

Appellants set forth as “points to be determined” the following:

“First : Is it in the power of the Courts to make a new contract for the plaintiff herein, Williams, with a Mr. and Mrs. Jensen, with whom plaintiffs had no contractual relations, or in fact any dealings of any kind or nature ? . . . Second: Where under the terms of the contract of sale at the termination thereof the vendor is given time to clear up any bonds, liens, or any other encumbrances on the property, can the Court declare nonperformance on vendors’ part until such time has been given to make said clearances especially if the purchaser is long delinquent in his payments and refuses to make further payments ? . . . Third : Can a purchaser of real property, deliberately sell the same property to another at a large profit to himself, with much larger monthly payments received than he pays to his vendor, and sit back and deliberately refuse to make any further payments to his vendor, because his vendee refuses or neglects to make further payments to him? . . .”

Appellants further assert that the evidence does not support the findings, and that the court erred in holding that there had been no forfeiture.

[350]None of appellants’ contentions is well founded, as the following résumé of the facts will show.

On October 30, 1941, plaintiffs entered into a written agreement for the sale to defendants of real property in Los Angeles for the sum of $1,900, payable at the rate of $20 or more per month. The agreement contained a provision against assignment by the buyers without written consent of the sellers. It further provided that “. . . the Seller, on receiving the full payments at the times and in the manner above mentioned, agrees to deliver a certificate of title showing the title to be vested in Buyer and to execute and deliver to the buyer or his assigns, a good and sufficient deed of grant, bargain and sale. ’ ’ Payments were duly made under the contract to and including July 10, 1945, at which time there remained an unpaid balance of $1,325.83.