Scribd Logo
Upload

Welcome to Scribd!

  • Oral contract for sale of land not enforceable due to statute of frauds

    Uploaded by

    ML FastTrack
    133 views1 page
    Portia and Dina entered into an oral contract where Dina agreed to sell Lot 1 to Portia for $2,000,000. However, Dina did not actually own the lot at the time of the agreement. Later, Portia asked Dina to deliver the lot but Dina refused. Portia then filed a lawsuit for specific performance against Dina. Dina argued the contract was invalid because it was not in writing as required by the statute of frauds for real estate transactions.

    Original Description:

    Original Title

    CASE_4.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Portia and Dina entered into an oral contract where Dina agreed to sell Lot 1 to Portia for $2,000,000. However, Dina did not actually own the lot at the time of the agreement. Later, Portia asked Dina to deliver the lot but Dina refused. Portia then filed a lawsuit for specific performance against Dina. Dina argued the contract was invalid because it was not in writing as required by the statute of frauds for real estate transactions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    133 views1 page

    Oral contract for sale of land not enforceable due to statute of frauds

    Uploaded by

    ML FastTrack
    Portia and Dina entered into an oral contract where Dina agreed to sell Lot 1 to Portia for $2,000,000. However, Dina did not actually own the lot at the time of the agreement. Later, Portia asked Dina to deliver the lot but Dina refused. Portia then filed a lawsuit for specific performance against Dina. Dina argued the contract was invalid because it was not in writing as required by the statute of frauds for real estate transactions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Portia and Dina entered into an oral contract wherein Dina agreed to the sale of

    Lot 1 to Portia for the price of P2,000,000. It turned out that at the time Portia and Dina

    agreed upon the sale, Dina was not the owner of Lot 1.

    Later on, Portia asked Dina to deliver the lot to her but Dina refused. Portia filed

    an action for specific performance against Dina. Dina filed a motion to dismiss on the

    ground that she cannot be compelled to perform the contract since it was not in writing.

    Is the contract of sale valid? Explain.

    No, because under the statute of frauds, the sale of real properties must be in writing to
    enforce it. Meaning, the parties are not obliged to perform their obligations against each
    other.

    m
    er as
    co
    eH w
    o.
    rs e
    ou urc
    o
    aC s
    vi y re
    ed d
    ar stu
    is
    Th
    sh

    This study source was downloaded by 100000815314262 from CourseHero.com on 03-26-2021 23:37:20 GMT -05:00

    https://www.coursehero.com/file/72570024/CASE-4docx/
    Powered by TCPDF (www.tcpdf.org)

    You might also like