Hansen

Plaintiff sued for specific performance of a contract to convey land, and for damages. He appeals from the judgment which denied him any relief.

On December 9, 1939, defendant Hansen and plaintiff entered into a written agreement whereby the former agreed to sell to plaintiff a house and lot, and the furniture therein, for the sum of $1,100. Though time was not specifically made the essence of the agreement, the purchase price and the deed were required to be put in escrow which was to be “ready to be closed by noon December 18, 1939.” A condition of the same was that Hansen was to move a fence, which was about seventeen inches off the property line. At noon of December 18th Hansen learned that plaintiff had deposited no money, and he thereupon sold the property to defendant Knudsen.

The trial court found that plaintiff did not perform the conditions of the contract, that defendant Hansen did not grant any extension of time to the plaintiff, and that the defendants Louis and Josephine Knudsen did not have any knowledge, actual or constructive, of plaintiff’s contract, and purchased the property for a valuable consideration.

There is substantial evidence supporting each of these…