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Business Assoctiations Keyed to Gabalson, 3rd Ed.
Botticello v. Stefanovicz
Citation:
177 Conn. 22, 411 A.2d 16 (1979)Facts
In 1943, Walter and Mary Stefanovicz acquired a farm as tenants in common. In 1966, Anthony Botticello became interested in the property and negotiated with Walter for its purchase. Mary participated in some discussions, stating she would not sell for less than $85,000. Walter and Botticello ultimately signed a lease with an option to purchase for $85,000, with Walter’s attorney drafting the agreement. Neither Botticello nor the attorneys knew Walter did not own the property outright. After signing, Botticello took possession, made substantial improvements, and properly exercised his option in 1971. When the Stefanoviczs refused to honor the agreement, Botticello sued for specific performance. The trial court ordered both defendants to convey the property, finding Walter had acted as Mary’s agent or that she had ratified the agreement.
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