Dennis v. Overholtzer

WARNS, J. pro tem. *

This is an appeal by defendants Arthur and Orpha Overholtzer from a judgment in a declaratory relief action which ordered them to specifically perform a contract in which they agreed to sell to respondent certain real property.

The facts most favorable to respondent, as disclosed by the record on appeal, show that the property involved in this litigation is a parcel of five acres of land near Cloverdale, California, which has been improved by the construction of a sawmill on a part thereof. Appellants acquired the property in 1947 and leased a portion thereof to the…