Plaintiff buyer sought review of an order of the Superior Court of Alameda Count

Posted by tim scott on May 14th, 2021

Procedural Posture

Plaintiff buyer sought review of an order of the Superior Court of Alameda County (California), which entered a judgment for defendant seller in a breach of contract suit against defendant in connection with a commercial real estate transaction.

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Overview

After defendant seller withdrew its offer of sale, plaintiff buyer filed a breach of contract suit against it in connection with the commercial real estate transaction. The lower court entered a judgment for defendant. On appeal, the court affirmed the lower court's order holding, against plaintiff's contentions, that the parties had not entered into a binding contract. The court further held that an addendum, attached to defendant's acceptance of plaintiff's offer of sale, expressly provided that the parties were not bound until all terms had been reduced to writing. Finally, the court held that the clear language of the addendum precluded plaintiff's claim.

Outcome

The court affirmed an order of the lower court, which entered a judgment for defendant seller in plaintiff buyer's breach of contract suit against defendant in connection with a commercial real estate transaction. There was no binding contract between the parties.