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Property Keyed to Rabin
Nessralla v. Peck
Facts
Nessralla (Plaintiff) and his son-in-law Peck (Defendant) agreed that Defendant would act as a straw man to allow Nesralla to purchase neighboring Sturtevant farm. Plaintiff needed Defendant to act as a straw because Plaintiff and his neighbor were on bad terms. When Plaintiff asked about the status of Defendant’s purchase of the farm, Defendant assured Plaintiff that his best efforts were ongoing. Defendant purchased the Sturtevant farm in his own name but then conveyed it to himself and his cousin as tenants in common. Plaintiff played no part in the transaction and did not provide any of the purchase price. Defendant was unresponsive to Plaintiff’s requests to sell him the farm. Plaintiff sued, seeking specific performance of Defendant’s promise to sell him the farm. The trial court applied the statute of frauds and found in favor of Defendant. Plaintiff appealed.
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