Patel v. Liebermensch

In this case from the San Diego trial court, Judge Joan Lewis presiding, Court of appeal reversed the judgment in a case alleging a breach of a contract of sale ruling that an enforceable option contract specifies all essential terms of purchase and sale, such that upon the exercise of the option, a binding and enforceable contract of sale is created. The court of appeal ruled it was error for the trial court to order specific performance where the purported agreement failed to specify such essential terms as length of escrow and evidence did not support a conclusion that parties would have agreed to additional terms added by trial court as reasonable.  Court ruled that trial court improperly dismissed the unlawful detainer action.

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