O'Banion

Defendants Paradiso appeal from a judgment in favor of plaintiff in an action to compel specific performance of a contract for the sale of real property and to quiet title thereto.

Facts: On February 23, 1961, defendant Salvador H. Orduno signed a written memorandum offering to sell to plaintiff all of his “rights & title” to certain real property for $2,000, with a 60-day period of acceptance.

Plaintiff immediately accepted the proposal and offered to pay the $2,000 at that time, but Orduno stated he did not need the money then and requested that it be put in escrow together with the money necessary to pay off a note and deed of trust to one B. Paradiso, the owner thereof, which plaintiff agreed to pay.

Plaintiff went to a title company the same day and requested a preliminary title report on the property. On March 21 the title company received information as to the amount needed to satisfy the deed of trust, on which a notice of default had been recorded, and immediately contacted plaintiff, requesting that such amount be deposited in escrow. The deposit was made by plaintiff the same day.

On or about March 15 defendant Dominic Paradiso was asked by an employee of the title…