Petersen v. Hartell

Opinion

REYNOSO, J.

—This appeal by plaintiff vendees who wilfully defaulted in making payments under an installment land sale contract requires us to reconsider such vendees’ right to completion of performance. Though we upheld specific performance in MacFadden v. Walker (1971) 5 Cal.3d 809 *106[97 Cal.Rptr. 537, 488 P.2d 1353, 55 A.L.R.3d 1], the trial court below concluded that the granting of such relief is only discretionary and dependent upon a weighing of the equities. Accordingly, it denied specific performance, adjudged that plaintiffs had no interest in the property, and awarded…