Work
Work v. Associated Almond Growers of Paso Robles
Opinion
Lead Opinion
Pullen, J.
The defendant appeals from a judgment in favor of plaintiffs who sued for a balance on the purchase price of real property. Negotiations were carried on in behalf of the parties to this appeal, which culminated in an option agreement, the portion which is essential to a determination of this appeal being as follows:
At the time of the execution of this agreement the acreage owned in fee by respondents, as ascertained by surveys subsequent to the execution of the option was considerably less than 6,000 acres, but after the execution of the option, and before tender thereunder, respondents had acquired title to 6,028.15 acres, and claim that was the acreage contemplated, whereas, appellant urges that only the land to which respondents had title in fee, together with a portion owned by a son of the respondents, was included in the option and amounted to 5,708.01 acres. It is true that at the time of the execution of the option respondents had record title- to less than 6,000 acres, but embraced within the exterior boundary fences of respondents’ ranch, and in their possession for many years, were parcels of land standing in the names of—Pence 160- acres, Colyer 80 acres, 80 acres of…