HEDGING CONCEPTS, INC v. FIRST ALLIANCE MORTGAGE

Docket No. B084508.

41 Cal.App.4th 1410 (1996)

49 Cal. Rptr.2d 191

HEDGING CONCEPTS, INC., Plaintiff and Appellant, v. FIRST ALLIANCE MORTGAGE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

January 23, 1996.


Attorney(s) appearing for the Case

COUNSEL

Jennifer L. Kurzon and Jim Goff for Defendant and Appellant.

Kulik, Gottesman & Mouton, Glen L. Kulik and Claudia Ribet for Plaintiff and Appellant.


OPINION

ZEBROWSKI, J.

This appeal concerns a contract dispute tried to the court. The court found that defendant's understanding of the contract was correct, that plaintiff had not performed a condition precedent to plaintiff's right to be paid, and that defendant had therefore not breached the contract by not paying. The court then declared the contract rescinded and awarded a quantum meruit recovery to plaintiff, notwithstanding...

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