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Hickey v. Green

Massachusetts Appeals Court

442 N.E.2d 37 (Mass. App. 1982)

Relevant factsFree

Gladys Green (defendant) orally agreed to sell land to the Hickeys (plaintiffs), who paid a $500 deposit and told Green they planned to sell their existing house and build on her lot; within ten days the Hickeys in fact sold their house, but Green then told them she had found another buyer and no longer intended to sell, refusing even when the Hickeys offered to match the new buyer's price. The Hickeys sued for specific performance, Green argued the oral agreement was unenforceable under the Statute of Frauds, and the lower court granted specific performance in the Hickeys' favor; Green appealed.

IssueFree

Whether an oral contract for the sale of land may be specifically enforced despite violating the Statute of Frauds when the party seeking enforcement detrimentally relied on the agreement.

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