Whittier

Action for specific performance. Findings and judgment for plaintiff. From the judgment and an order denying a new trial defendant appeals.

The case as presented by the record is this: Defendant, the owner of a lot in the city of Los Angeles, agreed to sell the same to plaintiff for the sum of $5,500, and as evidence of such agreement executed the following instrument:

It is conceded that the words “less commission” were intended to and did mean a commission of $150. Upon the faith of this, defendant put plaintiff into possession of the premises and authorized him to collect the rent of the tenant for the month of April, which he did. That thereafter defendant furnished to plaintiff a certificate of title, made by the Title Guarantee and Trust Company, which showed the title to said real property to be subject to the following encumbrances : (1) Two tax sales of the front vigintillionth part of said lot for delinquent, taxes; (2) a tax deed to one-Collins on account of a preceding delinquent tax sale; and (3) a mortgage, dated June, 1889, given to secure $14,806.72, in thirty monthly installments, commencing July 31, 1889, and duly recorded. The plaintiff objected to receiving…

In concurring in the opinion in this case I deem it proper to add that I do not wish to be understood as holding that either the two sales of the vigintil lionth part of the front of the lots in question, or the mortgage thereon referred to in the findings, constitute any defect in the title. The ease is substantially the same whether we hold the affirmative .or the negative of these questions, and, therefore, I deem it unnecessary to pass upon them.