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Real Property
Breach of Contract
Failure to Transfer the Property

D. Brian Snow v. Larry H. Marchesini

Published: Sep. 22, 2007 | Result Date: Feb. 1, 2007 | Filing Date: Jan. 1, 1900 |

Case number: GIC855828 Verdict –  $150,000

Court

San Diego Superior


Attorneys

Plaintiff

Anthony J. Boucek

Steven E. Boehmer
(McDougal, Boehmer, Foley, Lyon, Mitchell & Erickson)


Defendant

John R. Sorensen


Experts

Defendant

William Simmons
(technical)

Facts

D. Brian Snow had done business with Larry and Francine Marchesini for 20 years when the parties entered into a written agreement to buy real property in Lemon Grove, California. Snow agreed to purchase the property for $600,000 while the Marchesinis took care of the engineering costs. Snow sued the Marchesinis for breach of contract and specific performance.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendants breached the contract by refusing to transfer the property to him.

DEFENDANTS' CONTENTIONS:
The defendants contended the sale did not occur because the deal did not close before the agreed-upon date before September 2003.

Result

The plaintiff was awarded $150,000 in damages, $13,932 interest, and $10,040 costs.


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