Davis v. Rosenson
This case involves a written contract for the purchase and sale of certain real property in Palm Springs. Plaintiff Steven Davis alleged that defendants agreed to sell the property to him, and that defendants breached the agreement by, among other ways, failing to deliver title to the property. Following a court trial, the court found that Davis was not entitled to damages because he had not proved that he was a ready, willing, and able buyer. Defendants moved for an award of their attorney fees pursuant to the contract, which the court denied. Davis appealed from the judgment against him, and defendants appealed from the courts denial of their motion for attorney fees. Davis contends that the court erred by: (1) failing to issue a statement of decision addressing which of the three defendants was liable on the contract; (2) finding that Davis was not ready, willing, and able to purchase the property; and (3) finding that Davis had not proven damages. Because Court find that Davis has failed to show that the court erred in finding that he was not ready, willing, and able to purchase the property, Court may summarily reject his remaining arguments and affirm the judgment.
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