Court Cases
January 20, 2009
SPECIFIC PERFORMANCE
Patel v. Liebermensch (PDF)
The material factors required for a written contract are the seller, the buyer, the price to be paid, the time and manner of payment, and the property to be transferred, describing it so it may be identified. Here, specific performance of an option was granted even though it was not precise as to the time and manner of payment because where a contract for the sale of real property specifies no time of payment, a reasonable time is allowed. The manner of payment is also a term that may be supplied by implication.
Cal. Supreme Court (S156797) 12/22/08
