Gusta

Miller v. Gusta

Good Law
103 Cal. App. 32·1929 Cal. App. LEXIS 58·283 P. 946
Court of Appeal of CaliforniaDecember 31, 1929Docket No. 7116.California2,209 words

Opinion

Lead Opinion

Dogling, J.

This was an action for specific performance of an agreement for the exchange of properties. Plaintiff and respondent Erastus Miller was the owner of a leasehold interest in an apartment house building in the city of Los Angeles, known as the Monroe apartments, and the owner of the furniture and furnishings therein. Defendants and appellants, Gusta, who are husband and wife, were the owners of a lot of land, improved with a building, in the city of Los Angeles, and of the furniture and furnishings therein. The parties agreed to an exchange of these properties, the furniture and furnishings in the Monroe apartments subject to a chattel mortgage for $1200 and another chattel mortgage to secure the payment of the rent reserved in the lease of the Monroe apartments and the real property of the Gustas subject to a mortgage for approximately $7,500. Pursuant to this agreement an escrow was opened for the exchange of the documents of title and appellants went into possession of the Monroe apartments. A few days later the appellants repudiated the agreement and notified the escrow-holder not to deliver their deed and bill of sale to respondent Miller, and to return to him all documents…

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