Klassen v. E. Steinkamp, Inc.

WHITE, P. J. This is an appeal by Mr. and Mrs. Klassen, hereinafter referred to as “appellants,” from a judgment against them and in favor of E. Steinkamp, Inc., a California corporation, hereinafter referred to as “respondent.” The judgment of the trial court is that appellants take nothing by their action and that respondent take from them “the sum of $1,250.00 with interest thereon at the rate of 4% per annum from December 13, 1948,” and costs.

The action was tried upon appellants’ seventh amended complaint, hereafter for convenience referred to as “the complaint,” and respondent’s answer and counterclaim. The complaint alleges four causes of action, to wit: (1) money had and received in the sum of $19,019.00; (2) rescission of purchase of real property; (3) damages for breach of contract in the sum of $34,519.00; and (4) “both in promissory estoppel and the reliance theory of tort recovery,” as designated by appellants. The judgment for respondent is based upon the promissory note described in the counterclaim.

Appellants contend that findings 12, 13, 14, 15 and 19 are not supported by any evidence, and that, for that reason, the judgment must be reversed.

There is no claim that findings 1 to 11, inclusive, and 16 to 18, inclusive, are not in accord with the record. A brief summary of those findings follows.

May 6, 1948, appellants and respondent entered into a written agreement for the purchase and sale of improved real property hereafter designated as “the Chantilly prop[367]erty” for its then reasonable value, $45,500, “to be paid $12,500.00 in cash and the balance evidenced by a note in the sum of $17,500.00, secured by a first Deed of Trust on said property and a second note in the sum of $15,500.00, payable one year from date thereof, secured by a second Deed of Trust on said property. Said agreement further provided that if Lot 2 of Tract 13077, owned by plaintiffs, was sold within a year, the sum of $15,500.00 was to be applied to the above-described second Deed of Trust on the Chantilly property, but that the sale of the Chantilly property was not contingent upon the sale of said lot.”

May 14, 1948, escrow instructions, which “did not vary or change the terms or provisions of said written agreement, ’ ’ were executed. The escrow was completed. When appellants executed the agreement and escrow instructions, they had a net financial worth in excess of $300,000. From the close of escrow to the last day of the trial, they resided at and occupied the Chantilly property.