Alcan Aluminum Corporation, Plaintiff/counterdefendant-Appellee v. Carlsberg Financial Corporation, Defendant/counterclaimant-Appellant

These are appeals by Carlsberg Financial Corporation from a summary judgment granting specific performance of a written contract to purchase land and from an order finding Carlsberg in contempt of court for failure to comply with that judgment, no stay having been obtained. We affirm in both cases.

I. The Facts.

Alcan Aluminum Corporation and Carlsberg Financial Corporation agreed in writing that Alcan would sell to Carlsberg an industrial plant located at Rocklin, California, for $3.7 million. The contract recited that the title to the property was to be subject only to seven exceptions listed in a preliminary report issued by First American Title Company and attached as an exhibit to the contract. It developed that Pacific Gas & Electric Co. has an easement 60 feet wide which runs in a north/south direction along the eastern boundary of the property. It adjoins but is not upon the property along almost the length of that boundary. However, at the northeast corner of the property there is a triangular extension to the east which affords access over the property to the tracks of the Southern Pacific Company which adjoin the easement on the east side of it. The easement was…