Fishback

This is an action to foreclose a mortgage. The decree of foreclosure gave judgment against The J. C. Forkner Fig Gardens, Inc., for any deficiency remaining after sale of the mortgaged property, but not against the other defendants. We will hereafter refer to The J. C. Forkner Fig Gardens, Inc., as the defendant, and to the other defendants as the respondents. The appeal is taken from that portion of the judgment which refused judgment for a deficiency against respondents. An appeal by certain defendants was decided in Fishback v. J. G. Forkner Fig Gardens, Inc.; 218 Cal. 401 [ 23 Pac. (2d) 293 ],

Horace Fishback owned forty acres of land in Fresno County. On March 15, 1922, defendant had an oral option to purchase this property and an adjoining forty acres belonging to one Sexauer for $57,800. A writing was given to H. E. Vogel, E. 0. Thompson and C. M. Thompson, since deceased, whereby they were given an option to purchase the two tracts from defendant for $58,800. The option contained the following:

This option was exercised on June 20, 192-2, and $14,800 paid by the purchasers. Defendant had previously paid Fishback $2,000, also the additional money he required, and gave him…