Ernest J. Polati aka E.J. Polati v. La Verne Buschke, William Buschke, Trustees of the Buschke Family Trust
Published: Jan. 21, 2004 | Result Date: Sep. 25, 2003 | Filing Date: Jan. 1, 1900 |Case number: 415581 Bench Decision – $253,892
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Frank J. Fabbro
(technical)
Defendant
Brian Cassidy
(technical)
Facts
William and La Verne Buschke lived in a house on a half acre lot in Redwood City which included a 12,000 square foot unimproved area. The Buschkes wanted to sell that land if they could subdivide it into two lots. Ernest Polati, a retired general contractor, entered into a written agreement with the Buschkes in which the Buschke's agreed to sell Polati the lot if he could obtain a final map subdividing the property and could get the necessary building permits for the new residence he would build on the lot. While in the process of satisfying these requirements, the Buschkes canceled the agreement and refused to complete the sale.
Settlement Discussions
The plaintiff demanded $110,000; the defendants offered $70,000.
Damages
Polati sought specific performance of the agreement to sell him the lot, or $253,892 in damages.
Result
$253,892
Other Information
The court found Polati's promise was not illusory and the consideration fair.
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