Spellman

Appellants appeal from a judgment denying them specific performance or money damages for an alleged breach of contract to convey real property.

Respondent, an 82-year-old widow, was the owner of certain real property in Reseda. On May 24, 1961, appellant paid respondent $1,350 outside of escrow and the parties then executed escrow instructions for the sale and purchase of respondent’s property for the sum of $40,000, $30,000 of which was to be subordinated to a first deed of trust ‘ ‘ in form furnished by the title company, and upon terms and conditions approved by Buyers and Seller, to be furnished to the escrow. ’ ’

Conditions provided for including rezoning of the property, were to occur or be performed on or before November 30, 1961, “but ... if said conditions had not been complied with by that time, then the escrow agent was nevertheless to complete said escrow as soon as the conditions (except as to time) had been complied with . . . .” Appellant John W. Spellman was and had been for many years a licensed real estate broker. No rezoning having occurred prior to the original date of escrow termination, John persuaded respondent to extend the original expiration date to…