California Court of Appeal

In dispute over contract to sell a large parcel of coastal property to an investment company, judgment for plaintiff-buyer refusing to grant its request for specific performance is reversed as the the seller did not overcome the presumption that real property is unique and that the breach of an agreement to transfer property cannot be adequately relieved by pecuniary compensation. The presumption was not overcome merely because buyer's purpose in purchasing property was to earn profits from developing and/or reselling the property.

Appellate Information

• Decided 02/26/2008
• Published 02/26/2008

Judges

• HALLER, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Kulik, Gottesman, Mouton & Siegel and Donald S. Gottesman, Sherman Oaks, for Plaintiff, Cross-defendant and Appellant., The Loftin Firm, L. Sue Loftin, Michael D. Stump, Robert Grabo, and Avneet Sidhu for Defendant, Cross-complainant and Appellant.