Kudler

Defendants appeal from a judgment of specific performance of a contract for the sale of real and personal property, consisting of an option to purchase, exercised by the optionee. The judgment requires the defendants to transfer the property in question through escrow upon the receipt of $25,800, this being the amount of the purchase price of $53,600 after the application of $15,000 in the hands of the defendants, and less certain rentals theretofore paid by plaintiffs to defendants under protest, as rentals of the property from January 1, 1959, in the sum of $12,800. Defendants are required to furnish the standard form of title insurance, insuring the title in the plaintiffs in the sum of $53,600 free of liens and encumbrances but subject to conditions, reservations and easements of record as of January 1, 1954. Defendants are also required to transfer by bill of sale certain personal property on the premises, as per schedule attached to a lease, without further consideration.

Plaintiffs’ rights of purchase are derived from an option contained in the lease of the premises to them for the period January 1, 1954, to December 31, 1960, at a rental of $800 per month. As security for…