Glendale Community College Law of Contract

Frances has lived in an apartment for ten years when she decides to buy a house. Her one-year lease will end on May 1. On April 15, she orally contracts to buy Frank’s house for $100,000, with the closing (transfer of the deed) to take place on June1. Frank’s lawyer, who is out of town on vacation, is to draft a written contract of sale on his return to his office on May 15. Because Frances’s lease is terminating, Frank agrees to let her take possession of the house on May 1 if Frances gives him a down payment on the house of $5,000. Frances agrees and gives Frank the $5,000. She moves into the house on May 2, and the following weekend plants trees in the back yard. On May 10, Frank receives a written offer from Green to buy Frank’s house for $120,000. Frank accepts Green’s offer, asks Frances to move out of the house, and tries to return the $5,000 to Frances. Frances claims that she has an enforceable contract to buy the house. Frank claims that any such contract must be in writing to be en­forceable under the Statute of Frauds.

 

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