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WYDA ASSOCIATES v. MERNER

Docket No. A063962.

42 Cal.App.4th 1702 (1996)

50 Cal. Rptr.2d 323

WYDA ASSOCIATES, Plaintiff and Appellant, v. CARL J. MERNER, Defendant, Cross-defendant and Respondent; LITTON/FULLER GROUP OF WALNUT CREEK, Cross-complainant and Appellant.

Court of Appeals of California, First District, Division Three.

February 5, 1996.

Attorney(s) appearing for the Case

COUNSEL

Sheldon & Mankin, Peter A. Mankin, Malcolm A. King and Gary S. Garfinkle for Plaintiff and Appellant and for Cross-complainant and Appellant.

Miller, Starr & Regalia, Scott A. Sommer and Tobin & Tobin for Defendant, Cross-defendant and Respondent.

OPINION

CORRIGAN, J.

The essence of this litigation revolves around when a contractual period to obtain financing for the purchase of real estate elapsed. Property owner, WYDA Associates (WYDA), and real estate brokerage, Litton/Fuller Group of Walnut Creek (Litton/Fuller), appeal from the grant of summary judgment in favor of buyer, Carl J. Merner, in a breach of contract action. We hold the trial court incorrectly interpreted the...

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