Bonaccorso

Bonaccorso v. Kaplan

Good Law
1962 Cal. App. LEXIS 1474·218 Cal. App. 2d 63·32 Cal. Rptr. 69
Court of Appeal of CaliforniaJuly 8, 1962Civ. 26700California1,978 words

Opinion

Opinion

Fox, J.

This action grows out of a real estate transaction. Plaintiff purchasers seek: (1) reformation of a deed of trust they executed covering the entire property and an injunction against a foreclosure sale of one parcel of said property; (2) a declaration that plaintiffs own said parcel free and clear of the lien of defendant sellers’ trust deed; (3) damages; and (4) rescission of the entire deal. Plaintiffs have appealed from ,a judgment denying them any relief and awarding defendants their costs.

Since plaintiffs challenge the sufficiency of the evidence to sustain practically every finding of fact we must view the record in the light most favorable to the parties who were successful in the trial court. Thus viewed the record reveals the following:

After noting information on a sign posted on the property, Ciancio contacted defendant Kaplan, one of the owners, to find out more about the property for Taranto. Kaplan advised Ciancio concerning some of the general characteristics of the property; he further stated that price and terms were flexible, and that they depended largely on the financial responsibility of the prospective purchaser.

On approximately October 10, 1958, Kaplan…

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