Luther

Luther v. Clark

Good Law
1922 Cal. App. LEXIS 137·58 Cal. App. 59·207 P. 1033
Court of Appeal of CaliforniaMay 31, 1922Civ. No. 3900.California2,530 words

Opinion

Lead Opinion

Shaw, J.

It appears from the complaint herein "that plaintiff is the owner of certain real estate described therein, the net area of which is 7.521 acres, which property is, and at all times mentioned was, subject to an easement and right of way across the same for a pipe-line owned by the Hermosa Beach Water Corporation for the conveyance of water for public use; that plaintiff acquired title to said property from one Henry Krotzer, who, prior to plaintiff’s acquisition thereof, had executed a contract for its sale to Stephen A. D. Clark. By the terms of the contract, dated June 11, 1912, Krotzer agreed that the tract of land consisted of eight acres and was free and clear of all easements or encumbrances whatsoever, and that the purchase price to be paid by Clark was $500 per acre, net measurement, and that he would furnish the purchaser with an unlimited certificate of title by the T. I. & T. Co. of Los Angeles, California, showing measurement of the land, names and width of streets and roads touching the same, and a perfect title. The terms of payment were $50 cash, the balance to be paid as follows: $950 on or before September 1, 1912; $600 on or before March 1, 1913, and $2,500 on or…

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