Krotzer

After the trial the interest of Henry Krotzer, the original plaintiff, was assigned to Sidney Luther, who has been added as a respondent. We shall discuss the case as if Krotzer were the sole plaintiff.

On June 11, 1912, Krotzer made a written agreement for the sale of a parcel of land in Los Angeles County to the defendant, Clark, for four thousand one hundred dollars, of which fifty dollars was paid in cash, and the balance was to be paid in installments. One of the terms of the agreement was that the land was to be conveyed free and clear of all roads, easements, or encumbrances, “which shall be shown by an unlimited certificate of title, made by the T. I. and T. Co. [Title Insurance and Trust Company], of Los Angeles, California, showing the measurement of the land, names, and width of all streets, and roads touching the same, and a perfect title.” The second amended complaint, upon which the plaintiff went to trial, was framed on the theory that the title was defective in that one of the conveyances in plaintiff’s chain of title contained certain restrictions relative to the buildings to be placed upon the land, the drilling for oil, and the sale of liquor thereon; that…