Plaintiff real estate broker appealed from a judgment of the Superior Court of Santa Clara County (California), which sustained defendant landowners’ general and special demurrer without leave to amend in the real estate broker’s action against them for damages for breach of contract.

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The broker sued for damages for breach of contract after he presented an offer for the purchase of the real estate, and the owners refused to sell the land for any price and notified the broker that they were removing the land from the market, and to make no further attempts to sell the land. The landowners filed a demurrer to the complaint on the ground that it did not state a cause of action. The trial court sustained the demurrer without leave to amend. The party’s contract provided that the property was to be sold for a price to be determined and agreed to by the parties at a later time. The court affirmed the trial court. The court determined that the price for the property was an essential term of the contract, that the law did not provide a remedy for breach of an agreement to agree in the future, and that the court could not speculate upon what the parties would agree.


The court affirmed the trial court’s judgment, which sustained the demurrer to the complaint without leave to amend, and entered judgment for the landowners in the real estate broker’s action for breach of contract.