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Real Property
Breach of Contract
Real Estate Sale

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

Walter H. Harrington Jr.

Court

San Mateo Superior


Attorneys

Plaintiff

Charles H. Rible


Defendant

Harry I. Price


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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