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Smith v. Mady

California Court of Appeals

146 Cal.App.3d 129 (1983)

Facts

The Madys (defendants) entered into a purchase agreement with the Smiths (plaintiffs) to buy the Smiths’ home for $205,000. The agreement was expected to close in early December 1980. The Madys defaulted under the agreement and did not close. Within a few days, the Smiths found new buyers and entered into another contract with a sales price of $215,000. This new agreement closed in February 1981. The Smiths sued the Madys, seeking damages for breach of contract. The trial court ruled in favor of the Smiths and awarded consequential damages to the Smiths totaling $2,648, including expenses related to the property incurred between the contracted date of closing and the second sale. The trial court did not offset or credit the increase in sale price in determining the amount of damages. The Madys appealed.

Rule of Law

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Issue

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Holding and Reasoning (Schauer, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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