(California Court of Appeal) – Affirming in part and reversing in part the complex real estate and contracts dispute between the owners of a gas station on San Francisco’s Castro street that backed out of a deal with the purchaser, who wanted to convert the property into residences, because the purchaser’s decision to let the trial court decide the specific performance claim waived claims of error he had based on trial proceedings and concluding that there was substantial evidence to support the trial court’s finding that he failed to perform his part of the contract by not timely paying the purchase price after securing entitlements, but reversing the trial court’s order granting judgment notwithstanding the verdict on his quantum meruit claim and finding error in the award of non-statutory costs to the owners.
