Bleecher v. Conte
California Supreme Court
1Opinion of the Court
Opinion
BIRD, C. J.
This case involves a land sale agreement with a liquidated damages clause which, upon the buyers’ breach of contract, limited the seller’s remedy to possession of any plans or reports prepared at the buyers’ request and expense. The court must decide: (1) whether the buyers’ promise was illusory and, therefore, failed to bind the parties to the legal obligations of a valid contract; and (2) whether the buyers were entitled to specific performance even though the seller waived that remedy in the liquidated damages clause.
I
The plaintiff buyers are two real estate…
2Cases cited18 opinions
- Universal Sales Corp. v. California Press Manufacturing Co.California Supreme Court · 1942
- Brown v. Superior CourtCalifornia Supreme Court · 1949
- Rodriguez v. BarnettCalifornia Supreme Court · 1959
- Ellis v. MihelisCalifornia Supreme Court · 1963
- Mattei v. HopperCalifornia Supreme Court · 1958
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- Kendall v. Ernest Pestana, Inc.California Supreme Court · 1985
- Consul Limited, Kenneth B. Wilson Dba Ken Wilson Associates v. Solide Enterprises, Inc., a Corporation, and Hrh Operating Company, a CorporationCourt of Appeals for the Ninth Circuit · 1986
- Harris v. TAP Worldwide, LLCCalifornia Court of Appeal · 2016
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