Bartone v. Taylor-Benson-Jones Co., Ltd.

Defendants appeal from a judgment granting plaintiffs specific performance of a contract for the purchase and sale of real property.

Facts: Plaintiffs through their broker Benjamin Radin submitted to defendants a written offer dated February 14, 1952, to purchase a lot situated in the city of Inglewood, California. In this offer it was stated “Buyer will pay all cash. Present owner to retain the oil rights.”

When this offer was made to defendants, defendants made several insertions in it before accepting the same, among which were that “the oil and gas lease on said premises” was reserved, and…