Procedural Posture

Procedural Posture

Plaintiff buyer of prefabricated homes (buyer) filed a breach of contract suit against defendant administratrix of decedent’s estate (administratrix) and owner of the prefabricated homes (owner). The administratrix filed a cross-claim against the buyer and the owner. The Superior Court of the City and County of San Francisco (California) found for the buyer, and the administratrix sought review.

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The action arose when the decedent failed to resale the homes, which the buyer purchased, and as a result the buyer defaulted on his contract with the owner. The trial court found there was a valid bilateral contract between the buyer and the decedent. The administratrix alleged there was an unilateral contract between the decedent and the buyer, which could only have been accepted upon the act of delivery. The court found that although the decedent made all of the express promises and that the buyer made none, the promise to sell on the part of the buyer was necessarily implied, and there was definiteness to price, and other terms. The court held that the buyer was entitled to damages in such amount that would have compensated him for all of the detriment proximately caused or which in the ordinary course of things would have likely resulted therefrom.


The court affirmed the judgment in favor of buyer.