Pessler v. Metcalf
Plaintiff sued defendant, trustee of the Cynthia Court Trust #2331 (seller), seeking specific performance of a real estate purchase contract. His complaint also sought damages for fraud against seller, plus defendants Peggy Henrichsen and Cornerstone Properties. After a nonjury trial, the court denied specific performance, but awarded plaintiff nearly $47,000 in damages against seller for his repairs to the property before the seller removed him from the premises.
Both parties appeal. Plaintiff attacks the courts denial of specific performance, claiming sellers failure to complete termite repair work precluded him from acquiring the financing essential to complete his purchase of the property. He also contends the court erred by not awarding him damages for additional repair expenses allegedly caused by defendants failure to disclose the absence of building permits. In their appeal, defendants argue the court erred by failing to expressly enter judgment in their favor on the fraud claim and by awarding plaintiff quantum meruit relief.
Court conclude plaintiffs claims lack merit and affirm that portion of the judgment denying specific performance of the purchase agreement. Court agree with defendants claims and direct the judgment be amended to declare plaintiff take nothing on his fraud cause of action, and to reverse that portion of the judgment awarding plaintiff quantum meruit relief.
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