Estate of Klauenberg

California Court of Appeal Jun 20, 1973 No. 31945Published

Before: Taylor

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Holding. The court held that a valid contract for the sale of estate property was formed upon the executor's communication of acceptance to the buyer, and the buyer's subsequent attempt to withdraw the bid prior to court confirmation constituted an actionable breach of contract.

Issues

Whether an executor's acceptance of a bid for estate property must be in writing to form a binding contract.
Whether a buyer may unilaterally withdraw a bid for estate property after the executor has communicated acceptance but before court confirmation.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The bid and acceptance by the representative are a contract of sale, subject only to court approval”

“If the representative proceeds in a timely fashion, the contract is enforceable; the withdrawal of the purchaser before confirmation constitutes an actionable breach of contract”

32 Cal.App.3d 1067 (1973) 108 Cal. Rptr. 669 Estate of EMMA HELENA KLAUENBERG, Deceased.

FRANCIS R. GIAMBRONI, Petitioner and Respondent,

DONALD JURGENSEN, as Executor, etc., Objector and Appellant.

Docket No. 31945. Court of Appeals of California, First District, Division Two.

June 20, 1973. [1068] COUNSEL

Burton & Foster and Blair F. Burton for Objector and Appellant.

White, Giambroni & Walters and Daniel Patterson for Petitioner and Respondent.

[1069] OPINION

TAYLOR, P.J.

On this appeal[1] by D.G. Jurgensen, the buyer, from an order of the probate court confirming the sale of real property by the executor, the major contention is that the court erred as a matter of law as the buyer withdrew his bid before the confirmation hearing. As we have concluded that there is no merit to this contention, the judgment of confirmation must be affirmed.

The record indicates that on December 22, 1971, the buyer submitted to the executor a written bid of $65,000 for the seven parcels of property in question, accompanied by a check for $6,500. On December 27, 1971, the executor filed his return of sale and a petition for confirmation thereof notifying the buyer of the acceptance of the bid and the time and place of the original confirmation hearing on January 13, 1972; the check (No. 1863) that accompanied the offer was collected on December 28, 1971. On January 13, 1972, the buyer filed his objections, alleging that he had never received a written acceptance of his offer and that the offer was withdrawn by a letter dated January 11, 1972, pursuant to paragraph seven of a deposit receipt dated December 16, 1971.[2] The court, after refusing to hear the buyer's oral testimony, confirmed the sale on January 13, 1972. Thereafter, the buyer filed his motion to vacate and set aside the order of sale and the court heard the oral testimony of the parties on March 9 and March 30, 1972. The evidence indicated that prior to the service of the return of sale and petition for confirmation, the buyer had been orally notified of the acceptance by the estate by the executor's agent.

Estate of Klauenberg

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TAYLOR, P.J.

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