Cushing v. Levi

This is a suit for the specific performance of a contract for the sale of real estate or for damages in case specific performance cannot be had. From a judgment in favor of the plaintiff the defendants appeal.

On November 21, 1927, the plaintiff and the defendants entered into an agreement, the terms of which, so far as important here, are as follows:

At the time of the execution of the agreement plaintiff did not know that Adolph Levi was married or that Eleanor Levi was his wife.

On December 1, 1927, plaintiff paid to defendants the sum of $1,000, as required by the agreement, and on February 1, 1928, there became due thereon interest in the sum of !$790. This sum was not paid' to the defendants, but on February 6, 1928, the amount was tendered to and refused by them. The delay in offering payment and in making such tender was caused by the illness of the plaintiff at the time in question. On February 4th the plaintiff received a letter from the defendants, dated February 3, 1928, stating that inasmuch as he had not seen fit to make the payment due on February 1st the agreement had been canceled. Immediately on receipt of this letter the plaintiff left his home in Los Angeles…