Gerwin v. Southeastern California Ass'n of Seventh Day Adventists

Opinion

TAMURA, J.

Plaintiff brought an action seeking specific performance and damages for breach of an alleged contract for the sale from defendant to plaintiff of certain restaurant and bar equipment. Following a nonjury trial the court found in favor of plaintiff and entered judgment which, (1) decreed specific performance, or, in the event defendant fails or is unable to deliver the property, ordered payment of damages in the sum of $15,000 in lieu of specific performance, and (2) awarded plaintiff consequential damages for loss of anticipated profits in the sum of $20,000. Defendant…