Long

Long v. Keller

Good Law
104 Cal. App. 3d 312·163 Cal. Rptr. 532·1980 Cal. App. LEXIS 1679
Court of Appeal of CaliforniaApril 8, 1980Civ. 3883California3,046 words

Opinion

Opinion

Condley, J.

Judgment was rendered in favor of the plaintiff and appellant for rescission of a contract for the purchase and sale of real property and ordering the return of appellant’s $1,000 down payment together with interest.

Appellant alleges the trial court committed error in not crediting her for the insurance money paid to respondents to extinguish her obligation to pay them the balance of $12,000 (the remaining purchase price). In the alternative appellant contends the trial court committed error when it failed to award appellant (hereinafter referred to as buyer) a portion of the fire insurance proceeds paid to respondents (hereinafter referred to as sellers) to reimburse her for the improvements she made to the real property.

The facts are uncontroverted as they come before this court on an engrossed settled statement in lieu of reporter’s transcript together with exhibits.

At all times herein mentioned sellers were the record owners of the subject property. From approximately March 1968 until August 21, 1974, buyer and her then husband leased this property consisting of land, house, barn and improvements from sellers. The lease contained an option to purchase the…

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