WALKER V. IRETON, 559 P.2d 340 (1977) CASE BRIEF

WALKER V. IRETON

559 P.2d 340 (1977)

NATURE OF THE CASE: This was a suit in specific performance of an oral contract for the sale of farmland.

FACTS: Walker (P) filed suit for specific performance of an oral contract for the sale of farmland. Ireton (D) defended on the grounds of the statute of frauds and filed a motion for summary judgment. P and D discussed the oral sale of D's farm from July 1973 until July 1974. P tried to get D to sign a written contract but D refused as he said he was honest and one was not needed. The initial check of $50 that was delivered as per the oral agreement but it was never endorsed or cashed. D even offered $200 to P to cancel their oral contract. P obtained an abstract of title from Mrs. D. P queried Mrs. D as to why the initial check had not been cashed. The second installment was tendered for $7,612.50. D then informed P that he was backing out of the deal and refused the check. P refused to take back his $50 check. P was upset as he had purchased another farm prior to talking to D and because D's farm was better P sold the prior farm in order to buy D's land. There was no evidence that D even knew that P had sold his other farm in reliance on the oral contract with D. D's motion was granted and P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner