Superior Court San Mateo County

Procedural Posture

Defendant vendor sought review of a judgment from the Superior Court of the City and County of San Francisco (California), which denied its motion for a new trial on a judgment rendered in favor of plaintiff vendee on the action brought by the vendee to recover the deposit paid on the real estate contract.

Overview

The vendee brought an action against the vendor to recover the deposit paid under the contract for the sale and purchase of real estate. The vendee claimed that the contract was void because the vendor could not deliver "perfect title" within the time period allotted in the contract. The trial court agreed and rendered a judgment in the vendee's favor. The vendor filed an appeal that challenged the trial court's denial of its motion for a new trial. Because the provisions of a contract for the sale of real estate called for a "perfect title," the vendee was entitled to a title free from reasonable doubt and fairly deducible of record. The notice of rejection of title served on the vendor did substantially show that the objection was that the vendor did not have a title fairly deducible of record. The trial court correctly found that the contract was null and void because the vendor could not deliver "perfect title" within the time period called for in the contract. The court affirmed the trial court's denial of the vendor's motion for a new trial. However, it modified the amount of damages that the vendee could recover.

Outcome: warn act sale of business

The court affirmed the trial court's judgment that denied the vendor's motion for a new trial on the judgment rendered in favor of the vendee on the action brought by the vendee to recover the deposit paid on the real estate contract. The court modified the amount of damages that was awarded to the vendee.

Procedural Posture

Petitioner seller challenged an order of the Superior Court of Sacramento County (California), which granted a new trial to respondent purchaser after it had previously entered a judgment for damages in favor of the seller.