Duggan

Pacific Hills Corp. v. Duggan

Good Law
19 Cal. Rptr. 291·1962 Cal. App. LEXIS 2898·199 Cal. App. 2d 806
Court of Appeal of CaliforniaFebruary 5, 1962Civ. 19428California3,134 words

Opinion

Opinion

Bray, J.

Plaintiff appeals from a judgment in favor of defendants Lowell H. Duggan and Janet A. Duggan.

Questions Presented

Is the agreement to agree as set forth in paragraph VI of the contract an enforceable agreement?

Record

Plaintiff sued for declaratory relief, specific performance, injunction and damages based upon the portion of a contract entered into between plaintiff and defendants (including the defaulted defendants) in which defendants agreed to enter into a contract in which the parties would agree as hereinafter set forth. The trial court concluded that the agreement to agree was not enforceable because its terms are too vague and indefinite, that it is lacking in mutuality of obligation, that plaintiff was guilty of laches, and that plaintiff had failed to perform or tender performance on its part.

On May 31, 1956, the parties entered into a contract in which plaintiff purchased a tract of land from defendants, referred to therein as “Parcel One.” It was stipulated that no controversy existed concerning performance of the contract as to the real property described in parcel one. This tract was to be, and in fact was, developed for residential sites. A second, adjoining…

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