Editing Property Dukeminier/Outline
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##Estoppel—Applies when unconscionable injury would result from denying enforcement of the oral agreement after one party has been induced by the other to seriously change his position in reliance on the contract | ##Estoppel—Applies when unconscionable injury would result from denying enforcement of the oral agreement after one party has been induced by the other to seriously change his position in reliance on the contract | ||
Hickey v. Green (Mass. App. 1982)—Green negotiated to sell parcel of land to Hickey. PArties came to oral agreement, Hickey gave Green $500 deposit. Hickeys told Green they were going to sell their house and build on the lot they were buying. Green sold house less than 10 days after making deposit. Green then told Hickey that she no longer intended to sell property to them and found another buyer. Hickeys offered to meet other buyer’s price but Green refused. Hickey sued for specific performance, Green said SP not available because agreement did not comply with SoF. ISSUE: Whether an oral contract for sale of land can be specifically enforced if the party seeking enforcement detrimentally relied on the agreement? HELD: Yes. An oral land transfer agreement may be specifically enforced, despite violating the Statute of Frauds, if the party seeking specific performance has detrimentally relied on the oral agreement and injustice can only be avoided by specific performance. | |||
Hickeys offered to meet other buyer’s price but Green refused. Hickey sued for specific performance, Green said SP not available because agreement did not comply with SoF | |||
ISSUE: Whether an oral contract for sale of land can be specifically enforced if the party seeking enforcement detrimentally relied on the agreement? | |||
HELD: Yes. An oral land transfer agreement may be specifically enforced, despite violating the Statute of Frauds, if the party seeking specific performance has detrimentally relied on the oral agreement and injustice can only be avoided by specific performance. | |||
==Marketable Title (p. 351)== | ==Marketable Title (p. 351)== | ||