Property Law Keyed to Dukeminier
Hickey v. Green
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The Plaintiffs entered an oral contract to purchase the Defendant, Green’s (Defendant) lot, for 15,000 dollars. The Plaintiffs gave the Defendant a deposit of 500 dollars that was accepted. On the back of the deposit check, the Plaintiffs had written a clause which stipulated the check was a deposit for the lot subject to a condition that a zoning variance was approved by the town. A few days after writing this check, the Plaintiffs learned they would not need a zoning variance to build on the lot. The payee line of the check was left blank, as the Plaintiffs were not certain whether the Defendant or her brother was to receive the check with the understanding that the Defendant would fill in the appropriate name on the check. In reliance on their arrangements, the Plaintiffs sold their house. A few days later, the Defendant told the Plaintiffs that she no longer intended to sell her property to them and she was selling her property to another buyer for 16,000 dollars. The Plai ntiffs told the Defendant that they had already sold their house and offered 16,000, but the offer was refused. The Plaintiffs filed suit for specific performance and the trial court granted relief. The Defendant appealed the decision.
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