Nessralla v. Peck
Supreme Judicial Court of Massachusetts
532 N.E.2d 685 (1989)
Nessralla (plaintiff) asked his son-in-law Peck (defendant) to act as a straw buyer to purchase a neighboring farm on Nessralla's behalf, since Nessralla was on bad terms with the seller. Peck assured Nessralla he was working on it, but ultimately bought the farm in his own name and conveyed it to himself and his cousin as tenants in common, without Nessralla ever contributing any of the purchase price or otherwise acting on the arrangement. Nessralla sued for specific performance of Peck's oral promise to convey the farm to him; the trial court ruled for Peck under the statute of frauds, and Nessralla appealed.
Whether, notwithstanding the statute of frauds, a court may enforce an oral contract for the sale of real property where non-enforcement would inflict unjust and unconscionable injury and loss.