Jones v. Saah

In December, 1966, the appellees (Saahs) entered into identical contracts with appellants Jones and Ray. Each contract provided that the appellants would sell certain lots to the Saahs for $28,800, and that each of the appellant-sellers would take back a first deed of trust for $20,-400 in order to finance the purchase of the property, this deed of trust to be subordinated to a construction loan should the Saahs build on the property.

Each of the contracts was “subject to 1-1 zoning approval to be obtained and paid for by the purchaser [appellees] and each contract contained the following…