Brooks

This is an action for specific performance of a contract for the sale of certain real property in the. city of Los Angeles and for damages. Judgment was rendered for defendants and from this judgment plaintiffs appeal. This appeal was brought up on the judgment-roll alone.

It appears from the pleadings that on May 15, 1928, George M. White and Myrtle E. White, his wife, executed a deed of trust in the sum of $50,000 to respondent Faulkner. Thereafter the said Whites defaulted and, following the procedure required by law, the trustee proceeded to offer said property for sale. Same was purchased by said Faulkner on December 26, 1929, and on that date a trustee’s deed was issued to said Faulkner, which was recorded on January 7, 1930. On August 12, 1929, appellant Brooks purchased the said property from the Whites and continued to be the owner until the said trustee’s deed was issued to Faulkner. On October 11, 1929, the said Brooks began an action against Faulkner and other defendants to enjoin the sale under said deed of trust. On January 3, 1930, said Faulkner commenced an action against said Brooks, Boyds, E. D. Bunn and W. A. Spaulding for the unlawful detainer of the said…