Myers

Myers v. Mitchell

Good Law
1 Cal. Rptr. 593·176 Cal. App. 2d 616·1959 Cal. App. LEXIS 1530
Court of Appeal of CaliforniaDecember 24, 1959Civ. No. 23450; Civ. No. 23451California892 words

Opinion

Lead Opinion

Fourt, J.

This is an appeal from judgments in favor of the respondents Myers awarding damages against appellants for breach of a written contract. The matters were heard before the trial court without a jury.

A résumé of the facts is as follows: In November of 1952, respondents Myers looked at a portion of appellants’, Mitch-ells’, ranch property in the Santa Ynez Valley. They were taken into the property over the South River Road, which leads easterly along the south bank of the Santa Ynez River from the County Road, known as Refugio Road. A Mr. Biel, of the firm of Rowan and Company of Los Angeles, acting as Mitchells’ agent, took the Myers in.

Subsequently, a contract was signed between the parties, dated January 26, 1953, which provided for the sale of approximately 800 acres of the Juan y Lolita ranch to the Myers.

The total purchase price was to be computed on the basis of the various types of land sold and the acreage of each. According to the contract, there were four classifications of land. Myers was to pay $400 per acre for land irrigable by gravity flow from existing concrete systems; $200 per acre for hay land; $100 per acre for range land; and the flat sum of $10,000 for…

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