Kassir v. Zahabi
The trial court ordered Moe Zahabi to specifically perform his contract to sell real property to Hassan Mannaa, but the property was foreclosed upon before the order was carried out. In these further proceedings, the trial court issued a judgment ordering Zahabi to pay $89,371 to Mannaa for rents accruing during the time Zahabi was able to perform the agreement but refused to do so. Zahabi claims the trial court erred in failing to offset the rents with an amount compensating him for the loss of use of the purchase price he would have received under the agreement. Court find because the property was overencumbered, Zahabi would have received nothing under the agreement and no offset was required. Accordingly, Court affirm the judgment.
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