Procedural Posture: ADA lawsuit defense California
Plaintiff vendor's wife brought an action for breach of contract alleging that defendant vendee failed to buy a tract of land from defendant vendor. The vendor brought a cross-complaint against the vendee seeking damages in his own behalf for breach of contract. The vendor's wife and the vendor appealed the judgments of the Superior Court of Santa Barbara County (California), which were entered in favor of the vendee.
Overview
The written sales contract provided that the vendor would sell and deliver the ranch property to the vendee upon the payment of the purchase price in cash. After the vendor tendered a deed and releases of the trust deed and mortgages, the vendee refused to accept the deed and to pay the purchase price. The trial court sustained the vendee's demurrers to the complaint and cross-complaint. On appeal, the court held that each of the demurrers was properly sustained because neither the complaint nor the cross-complaint stated a cause of action. The court held that the vendee was not in default under the contract because she was entitled to be put in actual possession of the property. The property was not delivered because there were tenants who remained on the property under a lease. While the sales contract did not use the word "possession," the language requiring a delivery of the property was to be interpreted as requiring a delivery of the physical possession. The allegation of the vendor and the vendor's wife that the vendee was take the property subject to the lease was in direct contradiction of the terms of the sales contract.
Outcome
The court affirmed the trial court's judgments entered in favor of the vendee in the breach of contract actions.
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