Elsom
Elsom v. Neff
Opinion
Lead Opinion
Richards, J.
This is an appeal from a judgment in favor of the defendants for the sum of $495.40 upon their cross-complaint in an action brought by the plaintiffs to re cover damages for certain alleged breaches of the covenants of certain agreements in writing between the parties in the course of an exchange of properties.
The facts attending the execution of these agreements are substantially these: During the year 1912 plaintiffs, being the owners of certain real property in the county of Santa Cruz, where they resided, and the defendants, being the owners of certain real and personal property in the county of Modoc, where they also resided, undertook to make an exchange of' their respective properties, in the course of the consummation of which several written documents were contemporaneously executed. The plaintiffs transferred by grant deeds to the defendants their real properties in Santa Cruz County, and the defendants transferred to plaintiffs by like deeds, which also contained express warranties against encumbrances, their real properties in Modoc County, and also at the same time executed and delivered to the plaintiffs their bill of sale, transferring to the plaintiffs certain…