Legal Opinion
Mountain Air Enters., LLC v. Sundowner Towers, LLC
California Supreme Court
Decided July 31, 2017No. S223536PublishedCited by 104 opinions
1Opinion of the CourtKruger, J.
*747 In this complex real estate purchase transaction, the seller brought a breach of contract action against the buyers for failing to purchase the subject property. The defendant buyers asserted an affirmative defense of novation, arguing that they were not liable under the purchase agreement because it had been superseded by the parties' option agreement; that option agreement granted them the exclusive right, but not the obligation, to purchase the property. The trial court agreed.
The question we must answer is whether the defendants' assertion of the option agreement as an affirmative…
2Cases cited38 opinions
- Gross v. FBL Financial Services, Inc.Supreme Court of the United States · 2009
- AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
- Santisas v. GoodinCalifornia Court of Appeal · 1998
- Bertero v. National General Corp.California Supreme Court · 1974
- Trope v. KatzCalifornia Supreme Court · 1995
33 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- Sierra Club v. County of FresnoCalifornia Supreme Court · 2018
- Orozco v. WPV San Jose, LLC, California Court of Appeal, 5th District2019
- R.W.L. Enters. v. Oldcastle, Inc., California Court of Appeal, 5th District2017
- Carnegie Technologies. v. TrillerCourt of Appeals for the Fifth Circuit · 2022
- McBride v. Smith, California Court of Appeal, 5th District2018
99 more not listed; retrieve them via the Exa API.