Legal Opinion
Brooks v. Allard
California Court of Appeal
Decided August 17, 1966No. Civ. 22533PublishedCited by 5 opinions
1Opinion of the CourtAgee, J.
Defendant appeals from a judgment decreeing specific performance of an option agreement, executed on June 16, 1959, wherein defendant agreed to sell to plaintiff a parcel of timber land, excepting a portion thereof.
The crucial issue on appeal is whether this excepted portion is described in the agreement with sufficient certainty to permit specific performance.
Our opinion is confined to this single issue, the lower court having deferred the trial of the issue of damages until the termination of the specific performance issue. (Cf. Brudvig v. Renner, 172 Cal.App.2d 522 [342 P.2d 276].)
The…
2Cases cited9 opinions
- Estate of TeedCalifornia Court of Appeal · 1952
- Fewel & Dawes, Inc. v. PrattCalifornia Supreme Court · 1941
- Potter v. Pacific Coast Lumber Co.California Supreme Court · 1951
- Best v. WohlfordCalifornia Supreme Court · 1904
- Ontario Downs, Inc. v. LauppeCalifornia Court of Appeal · 1961
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Eldridge v. BurnsCalifornia Court of Appeal · 1978
- Lawrence v. ShuttCalifornia Court of Appeal · 1969
- Carlson v. RichardsonCalifornia Court of Appeal · 1968
- Davison v. RobbinsUtah Supreme Court · 1973
- Schomaker v. OsborneCalifornia Court of Appeal · 1967