Lombardi

Lombardi v. Sinanides

Good Law
1925 Cal. App. LEXIS 619·71 Cal. App. 272·235 P. 455
Court of Appeal of CaliforniaFebruary 13, 1925Docket No. 2894.California2,957 words

Opinion

lead Opinion

Finch, J.

December 28, 1921, the plaintiff and defendant Sinanides entered into an agreement by the terms of which plaintiff agreed to purchase and Sinanides to sell “the north, half of the east half of the west half of the southwest quarter” of a certain section of land, together with certain personal property, for $21,000; $2,700 was paid upon the execution of the agreement and the remainder was to be paid in annual installments of $1,000 on the fifteenth day of November of every year thereafter. Plaintiff was “to erect upon said premises a substantial four-room house and barn on or before July 1st, 1922,” and to pay all taxes which thereafter became a lien upon the premises. There was a mortgage on the premises in the sum of $6,500, and the agreement provides that the “buyer agrees to assume and agrees to pay said mortgage according to the terms thereof.” The agreement provided that “time is expressly made of the essence hereof” and that, upon default by plaintiff in payment of any installment of the purchase price or of taxes upon the premises or in the performance of any other covenant or condition of the agreement, the “seller may consider this agreement at an end, and may re-enter…

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