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Contracts Keyed to Farnsworth
Kingston v. Markward & Karafilis, Inc.
Citation:
350 N.W. 2d 842 (1984)Facts
In July 1981, plaintiff Kingston entered into an oral agreement with defendant Markward & Karafilis, Inc. to purchase real property for $65,000. Kingston made a down payment of $5,000 and was to pay the balance upon closing. The defendant provided Kingston with a receipt acknowledging the down payment but did not prepare a written purchase agreement. Kingston claimed that defendant’s agent assured him that a written agreement would be forthcoming. When the defendant later refused to honor the oral agreement and returned the down payment, Kingston filed suit seeking specific performance of the oral contract. Kingston argued that his partial performance (the down payment) removed the agreement from the statute of frauds.
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