Tetenman
Tetenman v. Melekov
Opinion
lead Opinion
Hazlett, J.
This action was brought to require defendants Leon Melekov and Mary Melekov, his wife, to specifically perforin an agreement of exchange of real properties made between plaintiffs and defendant Leon Melekov. The trial court decreed that defendants Leon Melekov and Mary Melekov specifically perform as prayed for in the complaint, by delivering their deed and paying $1,500 to the use and benefit of plaintiffs according to the agreement and certain escrow instructions made by the parties to carry the agreement into effect.
Defendants Leon Melekov, Mary Melekov, and Standard Construction Company appeal from the decree, but they filed no brief in reply to respondents’ brief.
The original agreement was executed on August 7, 1926, is in two parts, the first being a proposition to trade signed by plaintiffs, and the second part an acceptance signed by defendant Leon Melekov, and the descriptions of the properties are somewhat indefinite in some particulars, but the descriptions therein are such that under proper allegations in the pleadings the properties could be identified from them by the use of extrinsic evidence, following the rules announced in Joyce v. Tomasini, 168 Cal. 234 […