Petersen v. Hartell
Supreme Court of California
40 Cal.3d 102, 219 Cal.Rptr. 170, 707 P.2d 232 (1985)
Juanita Gaspar sold a parcel of land to Kathy and Richard Petersen (plaintiff) in exchange for monthly payments of $50. The contract did not state time was of the essence. The Petersens missed a few monthly payments, eventually divorced, and ceased making payments on the contract altogether. At the time of divorce, the Petersens had timely made 58 out of the 65 payments due. Gaspar chose to terminate the contract. The following year, Gaspar died. Richard Petersen brought suit against the administratrix of Gaspar’s estate (defendant), tendering full payment on the contract and seeking specific performance. The trial court denied Richard specific performance. Richard appealed.
Rule of Law
Holding and Reasoning (Reynoso, J.)
Concurrence/Dissent (Bird, C.J.)
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