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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (51)

Full Text

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and within six months, plaintiffs must subdivide and pay for all improvements on the property; that plaintiffs agree “to subdivide and improve the aforementioned property and to pay all balances due on said property within a period of twelve months . . .”; that requests for release of the property and conveyances of portions may be made and granted; that upon release of various parcels, defendants will convey the portions released to plaintiffs, upon payment of the price thereof. Moreover, the evidence supports a conclusion that in the conduct of the parties they treated the contract as calling for the subdivision of the property. Plaintiffs immediately took steps toward subdividing it, agreed to escrow terms following the provisions of the contract, obtained a release of Parcel 4, subdivided it, and erected houses thereon and sold them. Plaintiffs at no time offered to pay the balance due under the contract and obtain a deed to it. On the contrary their every activity was aimed toward the *379