Simpson

This is an action by the purchasers to recover from the vendors damages for breach of a contract for the sale of real property.

The court found that the defendants Schurra refused in bad faith to perform the contract; that the plaintiffs had performed all of the conditions thereof on their part to be performed and suffered certain damages by reason of defendants’ nonperformance, and that defendants Meiling did not refuse to perform, but were ready and willing to do so. Judgment was rendered against both defendants Schurra for the amount of the damages so found, and from this judgment they appeal.

From the evidence the following facts appear -. The real property involved in this controversy is a rectangular tract of land described as lots 132, 133, 134, 135, 164, 165, 166, and 167 of the East Ocean Park Tract (which tract is a subdivision of a portion of the Rancho La Baliona Dist. Court Case 965), and a vacated railway right of way fifty feet wide running between lots 133 and 166 on one side and lots 134 and 165 on the other. On October 20, 1923, the defendant J. A. W. Meiling owned in severalty the northerly part of this tract of land, and the defendant Celestine Schurra owned…