Marriott v. DJJ Family Ltd. Partnership
Plaintiff (Marriott) sued defendants and respondents the DJJ Family Limited Partnership and Vatche Boyadjian (collectively Boyadjian) for breach of contract for the sale of real estate, specific performance, and declaratory relief. Following a bench trial, the trial court entered judgment in favor of Boyadjian.
Court reverse and remand with directions to the trial court to enter judgment for specific performance in favor of Marriott. The trial court erred by enforcing a time is of the essence provision in the parties' purchase agreement. Alternatively, Boyadjian waived enforcement of the time is of the essence provision.
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