Adrian Bonilla v. Martha Bouyer, Mitchell Bouyer
Published: Apr. 13, 2004 | Result Date: Jun. 4, 2003 | Filing Date: Jan. 1, 1900 |Case number: CIV421503 Bench Decision – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Adrian Bonilla sought to purchase a house in South San Francisco owned by Defendants Martha and Mitchell Bouyer. The parties created a handwritten document entitled "promissory payment note" that stated, among other things, that defendants would "release their interest" in the property 18 months after receipt of installment payments totalling $86,000. The agreement was silent about the balance of the purchase price. During the 18-month period, plaintiff made monthly payments to defendants, above and beyond the installment payments, in an amount approximating the amounts which defendants paid for mortgage, property tax and insurance premiums. The plaintiff failed to obtain the financing necessary to replace the balance of the defendants' mortgage at the end of the 18-month period, and a substantial time thereafter requested that defendants convey to him the title to the property. The defendants refused.
Result
The trial court ordered defendants to convey title to the property to the plaintiff. The plaintiff was also ordered to pay $800 per month in rent for the rear cottage on the property.
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