Burrow

This is an action for specific performance of a land sale contract, or in the alternative, damages. The trial court sustained the objection of defendants to the introduction of evidence and granted their motion for judgment on the pleadings. Judgment was entered for defendants and plaintiff appeals.

On March 18, 1961, defendants signed a listing agreement with a real estate broker offering to sell the property for $50,000, terms to be $14,000 down, the balance secured by a trust deed bearing 7 per cent interest, which defendants agreed to subordinate to a contemplated first trust deed, Plaintiff Joe Burrow gave the broker a $1,000 check and signed a deposit receipt which provided, in material part: “Escrow to be opened with above deposit. Buyer to place an additional $11,500.00 into escrow prior to the close thereof. Buyer to execute to seller a trust deed and note in the amount of $35,000.00 payable $260.00 per month including interest at the rate of 7% per annum. Said note to require payment of interest only for the first 12 months following close of escrow. Said trust deed to carry usual Title Insurance & Trust Co. form of subordination allowing above trust deed to…