Servaes

This is an appeal from a decree for specific performance of an oral agreement to cancel a $6,000 note and release the deed of trust by which it is secured. An alternative judgment in the event specific performance cannot be had, awarded $7,500 to plaintiff-respondent Harold Johnson for the reasonable value of his services. Plaintiffs-respondents Kehrer were awarded an alternative judgment for restitution in the sum of $2,129.89.

The property involved consists of approximately 19 acres of land in Merced County owned by defendant Oscar Servaes, who has not appealed from the judgment ordering him to convey the property to plaintiffs Kehrer. Oscar’s brother, Ted Servaes, and Ted’s wife, Christine, the other two defendants, have appealed. Christine is the beneficiary of a deed of trust covering the real property which secures Oscar’s note payable to Christine for $6,000. No payments have been made on the note and deed of trust, which were executed December 1, 1949. Plaintiff Johnson, a real estate broker, is á neighbor of defendants and owns property on three sides of the Oscar Servaes land. Johnson attempted to purchase the property for plaintiffs Kehrer. At the time negotiations…