Appellant sellers appealed a decision of the Superior Court of Santa Clara County (California), which entered judgment for respondent buyer in his action for damages for delay in conveying real property.
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Respondent buyer brought an action against appellant sellers for damages for delay in conveying real property. The trial court entered judgment for respondent, and appellants challenged the judgment. The judgment was affirmed. The court held that where an express stipulation made time of the essence in a contract to convey realty, and the time of conveyance was one of the primary considerations inducing the contract, respondent’s acceptance of a tardy conveyance did not constitute a waiver of his right to sue for damages resulting from the delay. The court held that the measure of respondent’s damages for the delay was an amount which would compensate him for all the detriment proximately caused by the delay.
In an action against appellant sellers for damages for delay in conveying real property, the court affirmed the judgment for respondent buyer, holding that the proper measure of damages was the amount that would compensate respondent for all the detriment proximately caused by the delay.