CAIN V. CROSS
687 N.E.2d 1141 (1997)
NATURE OF THE CASE: This was an action in money damages for a breach of contract.
FACTS: Cain (P) sued Cross (D) alleging that D agreed to sell 806 acres of land known as
Cross Farms for $1,000 per acre. The agreement was not in writing. P claims he was to pay
$10,000 in earnest money upon the making of the agreement and $400,000 on the delivery of
possession and the balance with interest at a later date. P claims he made the $10,000 down
payment and arranged for the financing of the rest but D refused to convey and breached
their agreement by conveying to a third party. P alleged damages in excess of $50,000. The
court dismissed the action on the basis of the statute of frauds. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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