Henry

Henry v. Sharma

Good Law
154 Cal. App. 3d 665·1984 Cal. App. LEXIS 1917·201 Cal. Rptr. 478
Court of Appeal of CaliforniaApril 17, 1984Civ. 67957California2,489 words

Opinion

Opinion

Johnson, J.

The trial court gave judgment for specific performance in favor of plaintiffs James and Gloria Henry, hereafter “buyers,” against defendant Satanand Sharma, hereafter “seller,” to enforce an agreement for the purchase and sale of a house. Seller appeals and raises two issues: was the agreement sufficiently certain as to the time for buyers’ payment and were buyers able to make payment at the time payment was due? We affirm on grounds that the law will imply a reasonable time for performance under the circumstances of this case, and there was sufficient evidence from which the trial court could conclude the buyers were able to pay the purcha.se price at the time performance was due.

I. Facts and Proceedings Below

On March 1, 1977, the parties executed a contract for the sale of the property. The agreed selling price was $119,000, cash. The contract specified that it was “[s]ubject to buyer obtaining and qualifying for a 1st Trust Deed in the amount of $92,000 for 30 years at no more than 9½%. Interest payments to be approximately $924.95 per month plus 1½ points loan fee . . . .” The loan was to be obtained from Family Savings and Loan which held the existing loan, or…

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