Johnson Farms - release some of the land but Johnson refused McEnroe claimed that offer had expired and that he would not convey the balance of the

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Page: 285 Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Rule: Johnson Farms v. McEnroe Sup Ct of ND (1997) Neumann, J. Johnson Farms wanted to buy land from McEnroe’s, but McEnroe’s wanted land of like value b/c wanted to avoid Capt. Gains. Johnson Farms found land worth more than half and conveyed with option clause to find other like land to satisfy the rest of the debt, or to put unpaid portion in escrow. Deadine approached and Johnson Farms with help of McEnroe had not found suitable property. Johnson asked McEnroe’s son if the deadline would be extended or if they wanted him to deposit $ in escrow. Son said that father said deadline would be extended. Later on land became more valuable and McEnroe asked Johnson to
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Unformatted text preview: release some of the land, but Johnson refused. McEnroe claimed that offer had expired and that he would not convey the balance of the property. Johnson Farms sued for spec. per. of the land. Johnson farms asserted that partial performance had taken the transaction out of the statute of frauds, and requested a return of part of the purchase price due to relative value of the land conveyed in comparison to total land value. Trial ct. granted summary judgement to the McEnroes claiming that there was not suff evidence on part of Johnson Farms of the oral extension. Ct. of app said that if Johnson Farms can prove the oral agreement falls w/in the statute of frauds, it is entitled to spec perfor....
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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at University of Arizona- Tucson.

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