Moss

Plaintiff Lucyle Moss, the vendor under a contract for the purchase and sale of certain real property, appeals from the judgment of the trial court denying her specific performance or damages from the purchaser, Minor Properties, Inc.

Appellant contends (1) that respondent was not entitled to terminate as it did the escrow for the transfer of the real property when it failed to close on March 1, 1965, pursuant to its terms; (2) that the court erred in finding that there was no waiver by respondent of the requirement that the deed be recorded on or before March 1, 1965; (3) that the court erred in failing to make certain findings requested by appellant (i.e., that the sales price represented the fair and reasonable value of the property; that appellant deposited an executed grant deed in escrow before February 26, 1965; that respondent had the duty to obtain the lender’s written approval of itself and was tardy in supplying to the lender the required corporate resolution to borrow); (4) that the court erred in denying her a new trial. These contentions are without merit.

The evidence shows that appellant and respondent in January of 1965 negotiated through a broker the purchase…