Wilson v. Rosenkranz

GRAY, J., pro tem.

Vrena A. Rosenkranz gave to appellant, upon terms therein expressed, an exclusive option to purchase her real property “free and clear of encumbrance”. After her failure to perform, upon the exercise of his option, appellant, alleging she acted in bad faith, sued to recover under section 3306 of the Civil Code “the difference between the price agreed to be paid and the value of the estate agreed to be conveyed, at the time of the breach”. As J. A. Rosenkranz was joined as a party solely because of marriage, he will be eliminated from this discussion and Vrena A. Rosenkranz…