Reese v. Hung Kim Wong

Opinion

SWAGER, J.

—A buyerappeals from that portion of a judgment entered on a jury verdict awarding him $35,000 in damages from sellers for breach of a contract to sell him certain real property. The amount of the award was based on the difference between the contract price and the fair market value of the property at the time of the breach. (Civ. Code, § 3306 (hereafter section 3306).) The buyer contends the trial court should have instructed that the measure of damages was the difference between the contract price and fair market value of the property at the time of trial. We conclude that…