Thomas v. Van Dyck

Appellant is the unsuccessful bidder for certain unimproved real property owned by the respondent estate and sold to the Sterns, who appear in the action as amici curiae.

The sale of the property, known as the Blomquist Ranch and consisting of 7,162 acres of unimproved land in the Carmel Valley, was made on May 2, 1978, following bidding procedures conducted pursuant to Probate Code section 785.

In the course of the bidding certain terms and conditions of the original sale were amended, including, for example, deletion of a “subdivision approval” contingency, modification of release clauses and a change in the time for close of escrow. All bidders except appellant and the Sterns dropped out of the bidding when it reached $2.7 million. Appellant made a final bid of $3.25 million, and the Sterns then made their successful overbid of $3.26 million.

At this juncture, after stating that it wished the final terms and conditions put in writing before it would confirm the sale, the court nevertheless proceeded to confirm the sale, as a minute entry evidences, “for $3,260,000 on terms as stated for the record.” The terms referred to were the amendments earlier alluded to and…