Von Ehrensmann v. Lee

OPINION

After preliminary negotiations, appellants and respondent entered into an oral agreement whereby appellants would purchase respondent’s residential property. On April 25, escrow instructions were executed by the parties, reflecting the agreement and stating the requirement that appellants must “place the escrow in a condition to close within 60 days” of the execution date of the escrow instructions. The instructions did not state a date for possession of the property.

On May 1, respondent prepared a memorandum which memorialized the terms of the oral agreement. Both appellants and…