Haddad

Haddad v. Abel

Good Law
186 Cal. App. 2d 292·1960 Cal. App. LEXIS 1629·8 Cal. Rptr. 774
Court of Appeal of CaliforniaNovember 10, 1960Civ. No. 24446California2,112 words

Opinion

Lead Opinion

Shinn, J.

Pursuant to a contract consisting of escrow instructions under date of August 27, 1956, Mary Haddad purchased from Frank L. Abel and Edythe W. Abel, owners as joint tenants, a parcel of land (Lot 1), and from Milo M. Kensrue and Helen L. Kensrue, owners as joint tenants, an adjoining parcel (Lot 2). The parcels comprised two or more building sites on a hillside in Los Angeles. Mrs. Haddad paid the Abels $5,250 and Lot 1 was placed in the name of her daughter, Evelyn, who gave back a note and trust deed for an equal amount. The Kensrues were paid $10,500 as the full price of Lot 2. The level portions of the lots were built up of filled ground to the extent of about one half of their total surface area, the fill ranging from 2 to 40 feet in depth. The fill was uncompacted. Adjoining Lot 1 on the west was a lot owned by one Morris. All the building sites on the lots had been formed by excavating into the hillside to create level spaces or benches which are commonly called “pads.” The level area of the Morris lot was about 30 feet below the level of Lot 1; where the two lots joined a high bank stood at an angle of 80 or 90 degrees. In order to qualify as building sites under ordinance…

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