Hagge v. Drew, 27 Cal. 2d 368 (1945)

Citation: Hagge v. Drew, 27 Cal. 2d 368 (1945)
Parent Document: Hagge v. Drew, 27 Cal. 2d 368 (1945)
Jurisdiction: California (state)
Effective Date: 1945-12-14
Original Source: https://www.courtlistener.com/opinion/1114867/hagge-v-drew/ ↗

Full Text

1,636 chars

This action does not purport to be one for damages for breach of contract. In their prayer plaintiffs ask for the cancellation of the contract of sale and that they be declared the owners of the property subject to the trust deed held by Metcalf and Security First National Bank in which Drew is the trustor. Hagge contends that the court erred in denying his motion under section 663 of the Code of Civil Procedure to vacate the judgment and enter a different one. The attack seems to be with reference to the last clause in a finding of the court reading: “It is not true that the plaintiffs requested the defendants to subdivide said Parcel No. 4, but the defendants refused and to avoid a serious loss to themselves and to prevent a default under the terms of said deed of trust, the plaintiffs subdivided said Parcel No. 4 and caused 206 lots to be released from said trust deed lien, according to the manner set out in said trust deed; it is true that the plaintiffs by virtue of their obligations with the defendants as contained in the agreement dated March 7, 1942, did subdivide said Parcel No. 4 and cause 206 lots to be released from said deed of trust and in accordance with the agreement dated March 7, 1942.” Plaintiffs appear to argue that because it was found that they subdivided a parcel of the property involved in accordance with the contract of sale and caused to be released to them 206 lots, the contract of sale was void for a lack of compliance with the Real Estate Brokers Act. (Stats. 1919, p. 1252, as amended by Stats. 1935, p. 366, § 20a; Deering’s Gen. Laws, Supp. 1935, Act 112; now § 11010. of the *373

Other Sections in This Document (51)

Full Text