San Francisco Hotel Co. v. Baior

This is an appeal from a judgment of nonsuit in an action seeking specific performance of an agreement to sell real property.

The issues on appeal concern an alleged lack of mutuality of remedy; alleged uncertainty in the agreement with respect to time of payment and identity of the purchaser; alleged failure to perform within the time prescribed; and alleged nondelivery of the agreement.

“ The granting of a motion for nonsuit is warranted ‘. . . when, and only when, disregarding conflicting evidence, and giving to plaintiff’s evidence all the value to which it is legally entitled, indulging in…