Procedural Posture
Plaintiffs, the purchaser and assignees, sought review of the decision of the Superior Court of Los Angeles County (California), which entered judgment in favor of defendant seller in the action by the purchaser and assignees to recover money for the seller’s breach of the terms of a contract.
Overview: small business lawyer san diego
The purchaser entered into a contract with the seller to exchange certain real estate. The purchaser conveyed his rights to the assignees, and the seller agreed to the substitution. The assignees stopped paying, claiming that the seller did not perform. The purchaser and his assignees brought an action for recovery of money against the seller. The trial court entered judgment in favor of the purchaser and his assignees. On the seller’s appeal, the court reversed the decision of the trial court. The court determined that the purchaser could only have sought a reconveyance or fair market value of the property, and that the assignees could have no greater rights. The assignees had breached the contract by not continuing to pay the installments. The seller had not breached the contract because evidence supported the seller’s contention that he did fulfill the terms of the contract by grading the streets and by having water available to the property as promised.
Outcome
The court affirmed the decision of the trial court, which had entered judgment in favor of the seller of the property in the purchaser and assignees’ action to recover money for the seller’s alleged breach of the contract.
SbNation 