Procedural Posture
In an action for specific performance of a contract, plaintiff buyer sought review of a decision from the Superior Court of Sonoma County (California), which rendered judgment in favor of defendant seller.
Overview: california law last paycheck
An agent executed a sales contract on behalf of the seller. The sales contract provided for good title to be delivered and that if good title was not available, the seller had 30 days to perfect title. The buyer tendered performance six years later and the seller refused the tender. The buyer then filed an action for specific performance. The trial court granted the seller's demurrer on the basis that the action was barred by laches and the Cal. Code Civ. Proc. §§ 337, 343. On appeal, the court affirmed. It found that when the seller violated or repudiated the contract and when the buyer failed to proceed for six years, there was a presumption that the buyer acquiesced to the seller's breach or abandoned her right for specific performance. Therefore, the action was barred by the doctrine of laches.
Outcome
The court affirmed.