O'Connell

O'Connell v. Fowler

Good Law
1920 Cal. App. LEXIS 773·46 Cal. App. 460·189 P. 322
Court of Appeal of CaliforniaMarch 8, 1920Civ. No. 3176.California1,521 words

Opinion

Lead Opinion

Knight, J.

This is an appeal from a judgment in favor of defendants in an action brought to compel specific performance of an agreement for the exchange of real properties between plaintiffs and the defendant Fowler.

The following are, in substance, the facts of the ease: On February 16, 1917, plaintiffs were the owners of two parcels of real property situate in San Diego County, one parcel being subject to a mortgage of ten thousand dollars and the other to a mortgage of five hundred dollars and certain street improvement bonds, which property they agreed to exchange for certain unimproved property situate in the county of Los Angeles belonging to the defendant Fowler. • On said sixteenth day of February, 1917, deeds covering their properties were executed by the respective parties and delivered in escrow to the defendant Title Company, together with two sets of instructions, one set being signed by plaintiffs and the other by the defendant Fowler. There were no conditions required to be performed by the defendant Fowler prior to the final delivery of the deeds, but plaintiffs were required to adjust the interest on their mortgages to date and were to obtain a statement from the holder of…

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