Hutton v. Gliksberg

128 Cal.App.3d 240 (1982)

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Nature of the Case

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Facts

P and D executed a written contract for the purchase and sale of an apartment building. They executed escrow instructions dated March 7 which called for escrow to close on or before April 21, 1977, time being of the essence. As of April 21, P had performed their obligations, but D had not provided escrow with the necessary documents. On April 22, D, in writing, canceled the escrow. This action followed. The trial court granted a judgment in favor of P, compelling D to convey the property and awarding incidental compensation. D appealed. D contends that a net price provision and the terms of the loans were too uncertain to permit specific enforcement.