County of Klamath District Court

Procedural Posture

Defendant buyer sought review of a judgment from the District Court of the Eighth Judicial District, County of Klamath (California) which was in favor of plaintiff seller in a breach of contract action for the sale of certain premises. The trial court awarded damages and possession of the premises to the seller.

Overview: demand letter breach of contract pdf

The seller and the buyer entered into a written contract for the sale of land whereby the buyer was to have paid for the property in installments. The complaint alleged that the seller put the buyer in possession of the premises and that the buyer failed to make all of the payments. On appeal, the court reversed the judgment, finding that the complaint was not sufficient to sustain the judgment. It was not alleged in the complaint that the seller had sustained damages, and therefore, he was not entitled to a judgment for damages. The seller could not recover the purchase price. The agreement was that the conveyance should have been executed upon the payment of the purchase money, and because the last installment had become due before the action was commenced, it was necessary for the seller to tender a deed before suing for the purchase money. The covenants were concurrent, and the seller did not allege a conveyance of the premises. The seller failed to allege a repayment or tender of the amount paid by the buyer at the execution of the contract. Therefore, he could not proceed to recover the possession of the premises on the ground of a rescission of the contract.

Outcome

The court reversed the judgment from the trial court and remanded the cause with leave to the seller to amend his complaint.