Schrader

Action to compel specific performance of a contract to convey real estate. Plaintiffs had judgment and the defendants appeal.

The transcript shows that on the nineteenth day of January, 1923, the plaintiffs and defendants, other than the Paul Kent Truck Company, entered into the following agreement, for the sale and purchase of certain lots situate in the city of Los Angeles:

On the same day the defendant George Schrader executed and delivered to the Title Insurance & Trust Company, the escrowee named in the forgoing agreement, a memorandum of instructions, the part material to be considered herein being as follows:

At the same time the plaintiffs executed and delivered to the Title Insurance & Trust Company a like memorandum of instructions, the material part of which necessary to be considered herein is as follows:

These memoranda of instructions contained much detailed matter not involved in this action and therefore need not be set forth herein. After the execution of the agreement of sale and purchase and memoranda of instructions, as set forth herein, it appears that the défendant George Schrader noticed that there had been some slight variations between the memoranda of…