Sullivan v. Porter
Maine Supreme Judicial Court
861 A.2d 625 (2004)
Merval Porter (defendant) orally agreed to sell his farm property to Joan Sullivan and David Andrews (plaintiffs) for $350,000 with owner financing, but never followed through on drawing up paperwork despite repeatedly saying he would contact his attorney. Sullivan and Andrews took possession, made extensive renovations, refinanced their home for the down payment, and started their horse-riding business on the property, while Merval accepted a partial down payment and stayed silent as they invested heavily — until he later demanded a much higher price. Sullivan and Andrews sued for breach of the oral contract and specific performance, the jury found a contract existed and ruled for them, and the Porters appealed.
Whether the part performance doctrine functions as an exception to the statute of frauds' requirement that all transfers of real property be made in writing.