Supreme Court of California

In an action for specific performance of a real estate option contract, a court of appeal ruling reversing a judgment in favor of plaintiff is reversed where: 1) the court of appeal erred in finding the contract was too uncertain to enforce because it lacked the essential terms of time and manner of payment, as the court should have enforced this straightforward option contract; 2) if a contract for the sale of real property specifies no time of payment, a reasonable time is allowed, and the manner of payment is also a term that may be supplied by implication, and was not significantly uncertain in this case; and 3) the court of appeal improperly relied on the parties' conduct after their dispute arose to conclude that they had failed to reach a binding agreement.

Appellate Information

• Decided 12/24/2008
• Published 12/24/2008

Judges

• CORRIGAN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Mitchell & Gilleon, James C. Mitchell and Daniel M. Gilleon, San Diego, for Plaintiff and Respondent., Lee R. Goldberg for Defendants and Appellants.