Brown
Brown v. Boren
Opinion
Opinion
Masterson, J.
Introduction
Plaintiff Mary Lou Brown appeals from the adverse judgment entered after the trial court granted a motion for judgment (Code Civ. Proc., § 631.8) made by defendants Ira J. Boren and Elizabeth S. Boren at the conclusion of plaintiff’s case. We affirm.
Statement of Facts
In November 1992, plaintiff sold two pieces of real property to Ruffino M. Anderson (Anderson). These properties were located at 1009 East 56th Street and 1019-1021½ East 56th Street in Los Angeles, California. Anderson was a real estate agent with Century 21 A&W II and the person with whom plaintiff had listed her properties for sale. Plaintiff agreed to carry notes on each property for a portion of the purchase price.
The escrow instructions for the 1009 East 56th Street property listed the total consideration for the property as $80,000. Of this amount, $250 was to be deposited into escrow by Anderson, $31,500 represented an existing encumbrance of record (the approximate unpaid balance of a first trust deed), $23,250 represented the amount Anderson was to pay plaintiff from the proceeds of a loan to be obtained, and $25,000 was to be the amount of plaintiff’s new purchase money third…