Roberts

Plaintiff appeals from that portion of a judgment adjudging proper a certain deduction by defendants in the purchase price of real property and fixing a certain date as proper for the proration of taxes and interest.

Questions Presented

1. Under the agreement of sale did seller agree to pay sewer bonds assessment ?

2. What was the proper date for closure of escrow to fix date for proration of interest and taxes?

*142 Evidence

March 3, 1956, the parties entered into a written agreement in which plaintiff agreed to sell and defendants to buy plaintiff’s interest in approximately 83% acres of land in Sacramento County. As plaintiff merely had options to purchase the property requiring the consents of the optioners to any sale by plaintiff, the agreement required these consents to be obtained. It also required the approval of the Public Utilities Commission for the use of Mills Park Road or Drive as a public crossing. All necessary documents and purchase price were to be placed in escrow with a certain title company. Escrow was to close within 45 days after receipt of Public Utilities Commission approval of the grade crossing, but in no event later than six months from date of…