Procedural Posture

Plaintiff vendor appealed from a judgment of the Superior Court of Santa Barbara County (California), which sustained the demurrer of defendant vendee to the vendor's complaint for breach of a contract to purchase realty. One of the best civil trial lawyers will take you through the entire process of filing and pursuing a non-criminal lawsuit.

Overview

The vendee contended that the agreement was lacking in essential elements and was fatally uncertain. Further, the vendee argued that no cause of action was stated. The court found this argument persuasive. The court found that the agreement did not indicate how the balance was to be paid. Further, the agreement did not provide an interest rate. Further, the court found that the security, if any, that was to be provided for the balance, whatever it was, was not specified. The court determined that these were all important items, yet agreement with respect to each of them was left open for future settlement. The court held that it was established from the language which the parties wrote into the blank space in the deposit receipt that their minds had not met upon these essential and material terms of the deal. The parties had agreed to agree upon terms in the future. The court found that there was no binding obligation upon the vendee to accept and pay for the land.

Outcome

The judgment for the vendee and against the vendor was affirmed.

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