Reese

—A buyerappeals from that portion of a judgment entered on a jury verdict awarding him $35,000 in damages from sellers for breach of a contract to sell him certain real property. The amount of the award was based on the difference between the contract price and the fair market value of the property at the time of the breach. (Civ. Code, § 3306 (hereafter section 3306).) The buyer contends the trial court should have instructed that the measure of damages was the difference between the contract price and fair market value of the property at the time of trial. We conclude that the court did not err and we affirm the judgment.

Factual and Procedural Background

In mid-November 1998, appellant Alexander Reese and respondents Hung Kim Wong and Pui Yung Wong signed a contract under which respondents agreed to sell appellant a two-story commercial building on San Bruno Avenue in San Francisco for $1,085,000. Approximately two weeks later, on December 1, respondents sent appellant a notice canceling the contract on the ground that he had not removed certain inspection contingencies within the contract deadline. Appellant replied that respondents had misinterpreted the contract.…