Superior Court of Fresno County (California)

[Anne E. Tyner]

Procedural Posture: civil defense attorney

Defendant seller appealed from the judgment of the Superior Court of Fresno County (California) granting judgment notwithstanding the verdict to plaintiff buyer in his action against the seller. In his action, the buyer sought specific performance of a contract for the sale of orange trees, an injunction prohibiting seller from disposing of the trees, and damages for the seller's failure to properly care for the trees.

Overview

The parties executed a contract for the sale of orange trees to be grown by the seller. When the seller was unable to deliver trees of the quality called for, he offered to let the buyer select from his other trees, but the buyer refused. The buyer then brought an action against the seller seeking specific performance of the contract, an injunction prohibiting the seller from disposing of the trees, and damages for the seller's failure to care for the trees. At trial, the jury rendered a verdict for the seller, but the trial court granted the buyer's motion for judgment notwithstanding the verdict. On appeal, the court reversed the judgment. The court ruled that equitable relief was inappropriate because the contract involved the sale of chattels and because it included an obligation to provide personal services. Therefore, an injunction could not be granted to prevent a breach of the contract, and specific performance was likewise inappropriate. The court also ruled that the trial court improperly failed to find on two material issues: the seller's insolvency and the buyer's refusal to accept the seller's offer to perform. Thus, reversal was required.

Outcome

The court reversed the judgment of the trial court granting judgment notwithstanding the verdict to the buyer in his action against the seller seeking specific performance of the parties' contract for the sale of orange trees, an injunction prohibiting the seller from disposing of the trees, and damages.