Work
Work v. Associated Almond Growers
Opinion
Lead Opinion
Tyler, J.
Appeal from an order granting a motion for change of place of trial.
The action was brought by plaintiffs as vendors against the defendant as vendee, to recover the balance of the purchase price due under a contract for the sale of certain lands together with interest and an amount due for taxes paid.
The complaint recites in substance that plaintiffs entered into an agreement on July 14, 1919, with one Albert Mac-Rae, by which they gave to him an option to purchase from them certain real property situated in Monterey and San Luis Obispo Counties, comprising some 6,028.15 acres. By the terms of the agreement the price of the land was $45 per acre. MacRae assigned his interest in the contract to defendant herein, Associated Almond Growers of Paso Robles, which agreed to perform it. Prior to the commencement of this action defendant exercised the option and had paid upon the purchase price with interest the sum of $281,388.69, leaving a balance due plaintiffs of $38,404.90. Subsequent to the assignment from MacRae to defendant it was agreed that in the event of the exercise of the option the real property should be conveyed to the Santa Barbara Trust Company. Plaintiffs then…