Procedural Posture: sexual harassment defense attorney

The Superior Court of Sacramento County (California), held that plaintiff buyers had breached their sale contract without cause and that defendant sellers had breached the non-compete covenant without cause. The trial court found for the sellers on the complaint and for the plaintiffs on the cross-complaint. The sellers appealed the denial of relief on their cross-complaint.

Overview
Based on the findings of fact by the trial court, the court held that a contract had existed between the parties and that both parties had breached the contract. The sellers had substantially performed under the sales contract and were entitled to recovery for the balance of the sales price. Even though the sellers had breached their covenant, possibly under a theory of economic necessity, they were still entitled to recover under the contract. Because of the claim and counterclaim, the trial court had to make a determination as to damages with respect to both parties.

Outcome
The court reversed and remanded.