Hickey v. Green
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| Hickey v. Green | |
| Court | Massachusetts Appeals Court |
|---|---|
| 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.
Issues
Is a verbal contract to sell land enforceable if the buyer reasonably relies to the buyer's detriment on the existence of the contract?
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).
Holding
Yes. A verbal contract to sell land is enforceable if the buyer reasonably relies to the buyer's detriment on the contract's existence.
Judgment
Affirmed
Rule
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