Vilkin
Vilkin v. Sommer
Opinion
Opinion
Kaus, J.
—Both sides appeal from a judgment which, in essence, declared plaintiffs to he the owners of certain real property, but awarded a money judgment in the net amount of $9,176.06 to defendants.
On December 20, 1956, defendants owned 160 acres of real property near Lancaster, California, legally described as the “South half of the North half of Section 9, Township 7 North, Range 11 West, San Bernardino Base & Meridian, County of Los Angeles, State of California. ’ ’
There was a trust deed of record against the property which had been executed by defendants in favor of Warren C. Laird and May Laird to secure payment of an obligation of $36,000.
The 160-acre parcel consisted of four 40-acre parcels. Certain facts, relevant to valuation, are undisputed: parcels 1 and 2 were under cultivation, irrigated, and abutted a paved road. Parcel 1 contained a farmhouse, outbuildings, farming equipment, and a well. Parcels 3 and 4 were unirrigated, raw desert land and abutted only a dirt road.
On or about December 20, 1956, defendants entered into a written agreement with plaintiffs in which defendants agreed to sell and plaintiffs agreed to purchase the real property for a total price of…