MATTEI V. HOPPER
51 Cal. 2d 119 330 P.2d 625 (1958).
NATURE OF THE CASE: Mattei (P) sought review of a judgment of the Superior Court, which
concluded that an agreement between P and Hopper (D), landowner, requiring Dr to convey her
real property to the developer was illusory and lacking in mutuality.
FACTS: P was a real estate developer. P negotiated the sale of D's land. Under the
contract terms, P was required to deposit $1,000 of the total purchase price of $57,500 with
the real estate agent, and was given 120 days to 'examine the title and consummate the
purchase.' At the expiration of that period, the balance of the price was 'due and payable
upon tender of a good and sufficient deed of the property sold.' The concluding paragraph of
the deposit receipt provided: 'Subject to Coldwell Banker & Company obtaining leases
satisfactory to the purchaser.' P paid the $1,000 deposit to the real estate agent. While he
was in the process of securing the leases and before the 120 days had elapsed, D's attorney
notified P that D would not sell her land under the terms contained in the deposit receipt.
D was informed that satisfactory leases had been obtained and P offered to pay the balance
of the purchase price. D failed to tender the deed. P sued for breach of contract.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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