Whitney Properties Corporation v. Moran

CLAUDE WILLIAMS, Chief Justice.

This appeal is from a summary judgment in favor of Roy B. Moran in his suit against Whitney Properties Corporation to recover liquidated damages for alleged breach of a real estate exchange agreement.

The facts are undisputed. On May 14, 1971 the Whitney Properties Corporation and Roy B. Moran entered into a written contract entitled “Exchange Agreement No. 37”. By the terms of this agreement Whitney agreed to exchange certain described real property situated in the City of Oakland, California known as the “York Towers Apartment” for certain real property owned…