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Hickey v. Green
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Hickey v. Green | |
Court | Massachusetts Appeals Court |
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Citation | 442 N.E.2d 37 |
Date decided | November 16, 1982 |
Facts
- Green owned an empty lot in Plymouth, Massachusetts
- In 1980, Green agreed to sell the lot to Hickey for $15,000
- Green = lot seller
- Hickey = lot buyer = plaintiff
- On July 12th 1980, Hickey gave Green $500 deposit for the empty lot; however, Green didn't cash the deposit check
- A few weeks later, Hickey accepted a deposit to sell his primary residence since he was planning to move to the empty lot & build a house there
- On July 16th 1980, Green told Hickey (buyer) that she was going to sell the lot to another party for $16,000
- Hickey replied that he had sold his own house in reliance to buying Green's lot; therefore, Hickey offered to match the $16,000 offer, yet Green declined interest to sell to Hickey
Procedural History
- Hickey sued Green for specific performance.
- Hickey won in the trial court.
- Green was ordered to sell the lot to Hickey.
Arguments
Green (lot seller) argued that the statute of frauds required her real estate contract with Hickey to be in writing; consequently, she contended that there wasn't an enforceable contract for the sale of the real estate (the empty lot).
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