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NINETY NINE INVESTMENTS v. OVERSEAS COURIER

No. B158569

6 Cal.Rptr.3d 891 (2003)

113 Cal.App.4th 1118

NINETY NINE INVESTMENTS, LTD., Plaintiff and Appellant, v. OVERSEAS COURIER SERVICE (SINGAPORE) PRIVATE, LTD., Defendant and Respondent.

Court of Appeals of California, Second District, Division Two

Review Denied March 24, 2004.

Attorney(s) appearing for the Case

Ezer Williamson & Brown, Mitchel J. Ezer and Richard E. Williamson, Los Angeles, for Plaintiff and Appellant.

Michael A. Chodos, Palos Verdes Estates, for Defendant and Respondent.

DOI TODD, J.

Appellant Ninety Nine Investments, Ltd., as the buyer, sought specific performance of a real estate purchase and sale agreement from respondent Overseas Courier Service (Singapore) Private, Ltd. (Overseas), the seller. Following a bench trial, the court denied specific performance and awarded judgment in favor of Overseas. Appellant contends that it was ready, willing and able to perform, but that it was prevented from performing by Overseas. We agree...

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