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Case_15-4 - more than one year • General Requisites of a...

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Cody Shaw Case 15-4 Facts: George Herbert Jackson owned a piece of land that was 79 acres and had machinery for $120,000. He made an agreement to sell the land to his neighbors Steve and Karen Devenyn. They agreed upon the terms of the contract and signed it. George Jackson died on May 8, 1993. This was about 3 months after the contract was signed by the two parties. Jacksons attorney refused to let the Devenyn’s honor the contract and they petitioned for an order of conveyance. Issue: Would the contract be honored or not according to the statute of frauds? The land description was not accurately provided on the agreement, even though the parties of the contract knew exactly where the land was Law: Statute of frauds (Wyoming): In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof be in writing and subscribed by the party to be charged therewith: o Every agreement or contract for the sale of real estate, or the lease thereof, for
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Unformatted text preview: more than one year • General Requisites of a memorandum (131) o Reasonably identifies the subject matter of the contract o Sufficient to indicate that a contract with respect thereto has been made between the parties or offered by the signer to the other party o States with reasonable certainty the essential terms of the unperformed promises in the contract Decision: • Probate court: contract satisfied the statute of frauds, was enforceable and ordered the estates personal representatives to perform the contract. • Supreme court: Agreements property description is insufficient to meet the requirements of the statute. Reversed Why: • The property described in the agreement was without a doubt the property in Wyoming, nut since it wasn’t described in the agreement, it can’t be enforced according to the Statute of Frauds of Wyoming....
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