Procedural Posture
Plaintiff trailer park owners filed a breach of contract action against defendant electrician to recover an advance payment. The electrician filed a cross-complaint to recover damages for breach of contract. The Superior Court of Los Angeles County, California, entered judgment in the electrician’s favor. The owners appealed.
Overview: corporate business solutions lawsuit
The property owners hired an electrician and made a down payment on a contract. The contract called for an escrow fund that was not established. The court found that, instead, the parties agreed that the electrician would furnish a bond. The court found that the electrician never delivered the required bond. In reversing, the court found that neither party had to perform the contract because delivery of the bond was essential to the valid execution of such a bond. Moreover, the court held that the trial court made no express findings that the bond was delivered, making its ruling in the electrician’s favor an error.
Outcome
The court reversed the trial court’s judgment in the electrician’s favor and held that neither party had to perform the contract when there was no evidence of a delivery of a bond that was essential to the valid execution of such bond.
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