Ghirardo v. Antonioli

Opinion

MOSK, J.

In this matter, the purchasers of real property subject to a purchase money deed of trust requested the seller to make a payoff demand for the amount required to fully satisfy all obligations on the underlying promissory note. The seller made a demand purporting to state the full amount owed; the purchasers paid the sum, and the deed of trust was reconveyed. The seller subsequently concluded that, through a mistake of fact, he had understated the obligation, and demanded payment of the remaining sum. The purchasers refused and this action ensued.

We granted review to resolve the…