California Court of Appeal

In an action seeking specific performance of a real estate sales agreement, judgment and an award of attorney's fees for defendant-property owner are affirmed where: 1) the underlying agreement was not a contract for purchase and sale but an unsuccessful attempt to create an option which was never exercised by plaintiff-buyers; 2) the disguised option was essentially a revocable offer which is unenforceable due to a lack of consideration; 3) the equities did not warrant an application of promissory estoppel doctrine to this case; and 4) plaintiff failed to show grounds for reversal of the attorney's fee award.

Appellate Information

• Decided 05/28/2008
• Published 05/28/2008

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Robert Vaughan and Robert Vaughan for Plaintiff and Appellant., Law Office of Klaus J. Kolb and Klaus J. Kolb, for Intervener and Appellant.


• For Appellees:
  
• Law Office of David L. Price and David L. Price, Orange, for Defendant and Respondent.