Davis

I

Introduction

Defendants Rodney J. Davis and Mihan Davis (defendants) appeal from a judgment in favor of plaintiffs James C. Rogers and Sonhui Rogers (plaintiffs). Plaintiffs had sued defendants, asserting two “causes of action,” for specific performance, or alternatively, damages, based on the allegations that defendants had breached a contract to sell to plaintiffs a single-family residence located in the City of Ontario (the property). Between the time the action was filed and judgment was rendered, the property was sold to third parties at a trustee’s foreclosure sale. The judgment therefore apportioned between plaintiffs and defendants the balance of the sales proceeds held by the trustee following payment of the beneficiary on the foreclosed trust deed(s) (the sales proceeds). Defendants were awarded $9,460 of the sales proceeds, and plaintiffs, as the equitable owners of the property, were awarded $20,063.01 of such proceeds.

II

Issues on Appeal

Defendants’ contentions on appeal are:

(1) The trial court erroneously found that plaintiffs, as buyers under the contract, were the equitable owners of the property at the time the property was sold by foreclosure.…