Legal Opinion

Sabo v. Fasano

California Court of Appeal

Decided April 13, 1984No. B001079PublishedCited by 8 opinions

1Opinion of the Court

Opinion

JOHNSON, J.

In this action for specific performance between a buyer and seller of real estate, we hold where the offer to buy is conditioned on the sellers’ acceptance within a specified time the buyer may waive the time limit and treat the seller’s late acceptance as timely. The undisputed facts of this case show the buyer waived the sellers’ late acceptance and that the sellers knew their late acceptance had been waived. Therefore, the trial court erred in granting judgment to the sellers.

Facts and Proceedings Below

The defendants, Mr. and Mrs. Fasano, listed their apartment building…

2Cases cited19 opinions

  1. Maclay v. HarveyIllinois Supreme Court · 1878
  2. Houston Dairy, Inc. v. John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1981
  3. Kurio v. United StatesDistrict Court, S.D. Texas · 1970
  4. Rice Lands & Products Co. v. BlevinsCalifornia Court of Appeal · 1923
  5. City of Kansas v. Industrial Gas Co.Supreme Court of Kansas · 1934

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3Cited by8 opinions

  1. Wyler Summit Partnership, a Partnership v. Turner Broadcasting System, Inc., a Georgia Corporation Turner Entertainment Co., a Georgia CorporationCourt of Appeals for the Ninth Circuit · 2000
  2. Wyler Summit Partnership v. Turner Broadcasting System, Inc.Court of Appeals for the Ninth Circuit · 1998
  3. Jeffrey Kavin, Inc. v. FryeCalifornia Court of Appeal · 2012
  4. 98 Cal. Daily Op. Serv. 823, 98 Daily Journal D.A.R. 1102 Wyler Summit Partnership, a Partnership v. Turner Broadcasting System, Inc., a Georgia Corporation, and Turner Entertainment Co., a Georgia CorporationCourt of Appeals for the Ninth Circuit · 1998
  5. J & J Sports Productions, Inc. v. Golden Penny Industries, LLCDistrict Court, D. Nevada · 2020

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