Faull

Faull v. Johnson

Good Law
1928 Cal. App. LEXIS 383·94 Cal. App. 230·270 P. 993
Court of Appeal of CaliforniaOctober 2, 1928Docket No. 3559.California1,234 words

Opinion

lead Opinion

Finch, J.

In the year 1919 Nancy E. Farlow entered into a contract to sell 264 acres of land in Fresno County to E. J. DeMasters. In January, 1920, Joseph E. Trembley, William R. Trembley, Claude H. Trembley, and Frank Trembley acquired all of the purchaser’s rights under the contract. January 2, 192'2, the Trembleys entered into an agreement to sell 47 acres of the land to O. E. Hillyard for $19,500, $4,700 thereof to be paid on or before December 1, 1930, and sixty per cent of the gross proceeds received from the sale of all crops grown or produced upon the premises during and after the year 1924 to be applied on the purchase price until the whole of the remainder was paid, the deferred payments to bear interest at seven per cent per annum. Thereafter the defendants acquired the rights of the Trembleys under the Hillyard contract. September 15, 1924, the defendants agreed to convey such rights to the plaintiffs in exchange for valuable real property in Long Beach. Subsequently both parties executed conveyances consummating the exchange. The Trembleys failed to make the payments due under their contract of purchase of the larger tract and by reason thereof, early in 1925, all their rights…

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