Defendant sellers appealed an order from the Superior Court of San Mateo County (California), which granted judgment and damages to plaintiff purchasers on their cause of action for breach of an agreement to sell real property.

Overview: private nuisance california

The sales agreement between the parties required the sellers to improve the road fronting the property and guaranteed that water and electricity would be available to the purchasers. The agreement contemplated that the improved road would permit the passage of automobiles year-round. The purchasers took possession of the property and undertook construction of a residence. The purchasers' complaint alleged that the sellers had failed to improve the road or arrange for water or electricity. The complaint alleged that they suffered additional costs in the construction of the road, the house, and rent. The trial court awarded damages for the construction of the road based on testimony elicited from a purchaser during cross-examination. On appeal, the court affirmed the trial court's refusal to admit evidence to show the meaning of the contractual phrase directing the improvement of the road. The phrase was sufficiently clear and no explanation was required. There was inadequate evidence in support of the damage award. The proper measure of damages was the value of the property received by the purchasers and the value of the property with the improvements made, as agreed.

Outcome

The court reversed the trial court's award to the purchasers. The court ordered a new trial on the amount of damages awarded to the purchasers and instructed that the parties were allowed to amend their pleadings to present the issue of damages.