Joy
Joy v. Rousseau
Opinion
Lead Opinion
Plummer, J.
This action was begun to secure judgment for the sum of $7,035.28 on account of interest accrued on a certain contract of sale of real property from the last prior interest date to the date of the assignment of the contract of sale, said sum being claimed as the pro rata to which the plaintiffs were entitled out of payments aggregating the sum of $15,000. The record discloses the following: On or about March 8, 1918, one Charles M. Pusey, being the owner of a certain vineyard situate in the county of Fresno, contracted with Alfreda Verwoert for the sale thereof for the sum of $123,000, payable in installments. On the thirtieth day of July, 1919, the said Verwoert agreed to sell, subject to the first-named contract, the same real property to George Noroian for the sum of $200,000, payable in installments. On or about August 12, 1920, the said George Noroian, by an instrument in writing agreed, subject to the previous contracts, to sell and convey the same property to the Planters Company, a corporation, for the sum of $365,000, payable partly in cash, the remainder in installments. Thereafter and prior to the transactions had with the defendant herein, the said George Noroian…