Bridge
Johnson v. Bridge
Opinion
Lead Opinion
Tyler, J.
This is an action to specifically enforce a contract for the sale of certain real property. Judgment went for plaintiffs, and it directed that defendants execute a deed conveying the property in question upon -payment to them of the sum of $79.25, an amount admitted to be due. This is an appeal from such judgment.
It appears from the record that on April 20, 1912, Carrie E. Bridge, as vendor, and Bertha Johnson, as vendee, entered into a written contract for the purchase and sale of a certain house and lot situated in San Francisco. A small deposit was made by the vendee, and the balance of the purchase price was to be paid in monthly installments, the vendor to retain title to the premises until full payment was had.
Plaintiff with regularity made her payments pursuant to the terms of the contract. Following the execution thereof, and in the year 1916, the building was partially destroyed by fire, and the vendor collected the insurance, amounting to the sum of $700. At that time both parties to said contract learned for the first titue that the house as it had been originally erected overlapped the lot of the contiguous owner. Notwithstanding this fact the building was…