Sullivan v. Porter

Facts

Defendant owned a 52-acre farm with a barn, house, and stables on the premises, which Plaintiff and Andrews managed. Defendant offered to sell the farm to Plaintiff for $350,000 with a $20,000 down payment and the remainder financed through Defendant at between five and seven percent interest for a period of 20 to 30 years. Plaintiff accepted the offer and Defendant told him he would contact his attorney and start the paperwork. Plaintiff told Defendant that he would refinance his house to get the money for the down payment. Defendant moved out of the farmhouse and gave Plaintiff the keys. Plaintiff took possession of the property and began to improve the property in order to begin a horse trail riding and lesson business on the property. A couple of months later, Defendant told Plaintiff that there was interest from another buyer, but that he intended to honor their agreement. The next day, Plaintiff and Defendant met and Plaintiff offered Defendant $10,000 in cash towards the down payment. Defendant did not accept the money, saying that he did not want to take the money before the paperwork was completed. Defendant did eventually accept $3000 towards the down payment. Plaintiff began renovations on the house and began his horse riding business. Defendant visited the property and saw the work being done. When Plaintiff asked about the paperwork, Defendant claimed to be too busy to contact his attorney. More than six months later, Plaintiff sent Defendant an appraisal on the property showing it to be worth $250,000 and affirmed that he would still pay the agreed upon $350,000. Defendant responded by offering to sell Plaintiff the property for $450,000 with $50,000 down. Plaintiff sued, claiming the existence of the oral contract and requesting specific performance of that contract. A jury found for Plaintiff and the trial court ordered Defendant to perform under the original terms of the oral contract. Defendant appealed.