Kelsey
Kelsey v. San Fernando Development Co.
Opinion
Lead Opinion
Jamison, J.
This is an action for specific performance of certain contracts for the sale of lots, which plaintiff alleges were sold to him by defendant, ■ California Trust Company, and the full purchase price paid. These lots were a part of Tract No. 9555 situated in Los Angeles County and were owned by defendant Chase.
On October 5, 1926, Chase, by a certain trust agreement, conveyed said tract to the California Trust Company, as trustee, authorizing it to subdivide said tract into lots and to cause same to be sold by the San Fernando Valley Development Company acting as its agent, subject to the terms of the trust agreement and the approval of the trustee. The San Fernando Valley Development Company, as such sales agent, entered into an agreement with F. E. Lynch and Willard J. Lewis to sell the said lots subject to the terms of the trust agreement and the approval of the trustee. Thereafter Lewis and Lynch, through their agent, including one Broadhead, negotiated sales to plaintiff of lots 34, 35, 45, 107 and 108 in said tract of which the sales of lots 34, 107 and 108 were approved by the trustee, the California Trust Company, and contracts were executed by said trustee for the sale of…