Hennefer

Seller Dan Butcher appeals from the judgment awarding buyers James A. Hennefer and Robert N. Klein II specific performance of a contract to sell 4.85 acres of vacant land in Torrance. Seller contends that the trial court erred in (1) ordering specific performance because the contract was too ambiguous; (2) determining seller’s right to a “premium payment”; and (3) failing to add interest on the purchase price as an offset to damages awarded buyers for delay. Buyers controvert these contentions and further claim that (4) the appellate court should correct a mathematical error in the judgment, and (5) assess damages for a frivolous appeal. For the reasons that follow, we will modify the judgment to correct the clerical error and, as modified, affirm the judgment.

Procedural and Factual Background

The evidence, viewed in the light most favorable to the judgment (Ellison v. Ventura Port District (1978) 80 Cal.App.3d 574, 581 [145 Cal.Rptr. 665]), shows that seller in bad faith repudiated his agreement to sell buyers the land which was needed for buyers’ condominium project after buyers were successful in obtaining approval of rezoning. In October 1977, buyers and seller…