briggs_v_sackett[1]

briggs_v_sackett[1] - improvements to the land. A plaintiff...

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Briggs v. Sackett Brief Summary In 1955 Briggs bought a home for $11,600. They paid the down payment and borrowed the rest with a 30 year mortgage. In 1961 Briggs vacated the property. Several months later the Briggs made an oral agreement with the Sacketts to move into the house and pay the three months arrearages and all future payments. In 1976 Mr. Briggs filed a lawsuit seeking to evict the Sacketts from his house. The Sacketts filed a counterclaim seeking to enforce the terms of their oral agreement. Governing Legal Principle Issue: Is there an enforceable agreement to purchase the home? Principle: The legal principle dealing with this case is written contracts. Any agreement concerning interest in land, including property, must be in writing. The exception to this rule is the Part Performance Rule which states that the buyer of the land may be able to enforce an oral contract if he paid part of the purchase price and either entered upon the land or made
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Unformatted text preview: improvements to the land. A plaintiff seeking to rely on this must show partial payment and either entrance onto the land or physical improvements on it. Strongest Argument Briggs: We only made an oral agreement which are not valid contracts. Therefore the Sacketts have to be evicted from the house. Sackett: We had an oral agreement but even though it wasnt written there is an exception to the rule. Since we have been making payments on the house we can enforce the oral contract that we made. Who You think should win? I think that the Sacketts should win because even though the agreement was oral, it can be enforced if they paid part of the purchase price which they did. They agreed to pay the future payments on the mortgage which is considered part of the purchase price. Is this result fair?...
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This note was uploaded on 02/15/2012 for the course BLAW 1310 taught by Professor Hale during the Fall '11 term at Texas State.

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