Pollock v. Tiano

SHINN, J. *

Pollock and wife sued Tiano and wife for specific performance of a contract to sell plaintiffs a city lot. In a second cause of action plaintiffs sought damages in case specific performance could not be had. Defendants answered, alleging that plaintiffs had failed to perform terms of the agreement essential to entitle them to acquire the property and alleging that the agreement was procured by fraud. Defendants also filed a cross-complaint for damages for plaintiffs’ failure to perform the agreement. At the time of trial plaintiffs abandoned their cause of action for specific…