Russell v. Soldinger

Opinion

ALLPORT, Acting P. J.

In these consolidated actions plaintiffs seek a declaration that defendants hold certain Kern County real property in trust for them and for an order compelling transfer of legal title and possession thereof to them or, in the alternative, a judgment for monetary damages. The gravamen of the actions lies in breach by defendants of an alleged oral agreement to refrain from competitive bidding for the property at a probate sale and for defendants, as highest bidders, to take title jointly with plaintiffs on a 50-50 basis. The alleged agreement was made at the time of…