DIXON V. SALVATION ARMY
142 Cal.App.3d 463 (1983)
NATURE OF THE CASE: This was an appeal from a summary judgment motion in a declaratory
relief action.
FACTS: Dixon (P) and the Salvation Army (D) entered a real estate purchase and sale
agreement. D agreed to sell P two parcels of land both improved with commercial structures.
An escrow was opened and the instructions were later amended to reduce the sales price from
$1.1 million to $900,000 because the parties discovered that one of the properties had
structural defects. Before escrow closed and before either title or possession passed one of
the two buildings was destroyed by fire. D got $240,000 from insurance proceeds and it was
immediately apparent that D was significantly underinsured. The contract provided that D
deliver the lands and buildings in the same general condition minus normal wear and tear as
it was in when it was inspected prior to the opening of escrow. The parties could not agree
on a new price for the transaction and P sued. D. P sued for abatement and specific
performance. D wanted the contract rescinded or enforced without abatement.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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