Ganey
Ganey v. Doran
Opinion
Opinion
Elkington, J.
Defendants and cross-complainants Gleneda Doran and Marcus Borton (hereafter collectively referred to as Doran) appeal from the judgment entered upon a jury’s verdict in favor of plaintiff and cross-respondent Lendon C. Ganey. Doran also appeals from the postjudgment order awarding Ganey costs and attorney fees. Ganey appeals “protectively” from the judgment entered on the pleadings in favor of Michael Lieberman and Harbor Center Realty, Inc. (hereafter collectively referred to as Lieberman).
We will affirm both judgments.
The essential facts are not in dispute. On August 7, 1980, Doran and Ganey entered into a residential sales agreement by which Doran agreed to purchase Ganey’s house in San Rafael for $ 134,000. The sale was contingent upon Doran obtaining a Veterans Administration (VA) guaranteed loan in the amount of $125,000 at 11.5 percent annual interest. The agreement provided that Doran would pay a 1 percent loan origination fee while Ganey would pay any additional loan fee necessary to obtain the financing up to a maximum of 3 percent. Accordingly, by an addendum to the sales agreement of the same date, Doran agreed to purchase “containered landscaping, for…