House of Prayer v. Evangelical Ass'n for India
Opinion
lead Opinion
Blease, J.
Defendants Evangelical Association for India (EAI) and Jit Pegany appeal from a judgment rendered by the trial court in favor of plaintiffs House of Prayer: Renewal and Healing Center of Yuba City and Om *50 Pegany. Defendants claim the trial court erred in granting the specific enforcement of a contract to transfer church property because the agreement violated the statute of frauds and lacked sufficient consideration.
We disagree and shall affirm the judgment.
In the published portion of the opinion we hold that the time of performance of an act required for the sale of property subject to the statute of frauds may be implied pursuant to Civil Code section 1657. 1
FACTUAL AND PROCEDURAL BACKGROUND
Defendant Jit Pegany 2 founded EAI in 1975. He is the president and chairman of the board of EAI. EAI began with one church in Phoenix, and over the years has branched out to California, India, England, and Canada.
Om Pegany is Jit’s nephew. Om was licensed to preach by EAI in December 1990. With Jit’s help, Om started the House of Prayer church in 1991. He was later ordained by EAI in 1997.