Blaisdell
Southern Pacific Railroad v. Blaisdell
Opinion
Lead Opinion
Conrey, J.
This action in substance is one to enforce forfeiture of the interest acquired by the defendants or some of them under a contract of sale of real property; the cause of action being based upon defendants’ breach of a condition providing against the sale of intoxicating liquors upon the sold premises. The contract is in like form and the complaint is in substance the same as in Southern Pacific R. R. Co. v. Blaisdell, ante, p. 239, [ 164 Pac. 804 ], wherein judgment in favor of the plaintiff has been this day affirmed.
The contract in this case provided for the sale and conveyance to H. W. Blaisdell of lots 26 to 30 in block 2 in the town of Moron in Kern County. It was dated January 28, 1910, at which time one-third of the purchase price was paid, and the second and third payments were to be made on January 28, 1911, and January 28, 1912, respectively. We will confine our discussion to the one proposition urged as a ground for reversal herein, not included in the other case.
The judgment quiets the plaintiff’s title to lot 29 only, and enjoins the defendants from selling intoxicating liquors upon that lot. The appeal is from that judgment.