Mayer v. Beondo

The judgment rendered in favor of plaintiff directing specific performance by defendant of a contract to convey real estate must be reversed.

*667(1) The contract which is in the form of an option provides for the payment of $5,680 in cash less the amount of a trust deed on the property. It appears that approximately $2,500 remained unpaid on the trust deed. The complaint alleges “that plaintiff has duly performed all of the conditions of said agreement on his part to be performed, and has tendered to defendant the purchase price set forth in said option.” This allegation is denied in defendant’s…