Kendall

Lesny Development Co. v. Kendall

Good Law
164 Cal. App. 3d 1010·1985 Cal. App. LEXIS 1668·210 Cal. Rptr. 890
Court of Appeal of CaliforniaFebruary 21, 1985Civ. 33110California5,145 words

Opinion

Opinion

Kaufman, J.

This is the second time this case has been before us. On the first appeal (4 Civ. 23262) in an unpublished opinion filed April 20, 1982, we reversed with directions a judgment of specific performance of a contract for the purchase and sale of real property, returning the matter to the trial court for a determination of the amount of compensation, if any, the defaulting contract purchasers might be entitled to on account of unjust enrichment of the contract sellers resulting from expenditures and efforts by the contract purchasers that enhanced the value of the property or otherwise benefited the contract sellers.

When jurisdiction was restored to the trial court the matter was submitted on the basis of the evidence already adduced and briefs from the parties. Thereafter the trial court rendered a statement of decision and, ultimately, a judgment awarding the contract purchasers (plaintiff) $78,750, $18,750 compensation at the rate of $75 per hour for 250 hours of effort the court found plaintiff expended in obtaining approval of the tentative tract map and $60,000 on account of plaintiff’s efforts, apparently part of the same 250 hours, resulting in the authorization of…

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