NESSRALLA V. PECK, 532 N.E.2d 685 (1989) CASE BRIEF

NESSRALLA V. PECK

532 N.E.2d 685 (1989)

NATURE OF THE CASE: This was a suit for specific performance of an oral contract to convey land.

FACTS: Nessralla (P) owned a farm. Peck (D), was P's son in law. D asked P to act as a straw to assist in the acquisition of a farm across the street from P's farm. In return D agreed to act as a straw to assist P in acquiring the farm adjacent to his. P had a dispute with that farm and figured that its owner would not want to deal with him. P purchased the farm that D wanted putting up $11,000 of his own money and taking title. D's firm then reimbursed P and paid the entire purchase price of $162,500. P then turned his attention to acquiring the farm he wanted and D assured P that he was using his best efforts to purchase that property. D eventually purchased the adjacent farm and D took title in his name and that of his cousin, Lily Bentas as tenants in common. P did not participate in that purchase and learned one month later that D had actually consummated the deal. P requested that D sell the farm to him. D failed to respond. P sued D for specific performance.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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