[Download] "Ward v. Mattuschek" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Ward v. Mattuschek
- Author : Supreme Court of Montana
- Release Date : January 14, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
STATUTE OF FRAUDS ? CONTRACTS ? BROKERS ? SPECIFIC PERFORMANCE. 1. Frauds, Statute of ? Statute of frauds not applicable. Where owners agreed in writing to permit real estate broker for period of 30 days to sell their ranch for $30,000 and to pay broker a commission of $1,000 and writing stated that terms of sale were cash to owners and that purchaser was to take possession on named date and that owners were to retain 5% landowner royalty and were to pay 1953 taxes and were to transfer all lease land to purchaser, and purchasers unqualified acceptance was in writing and was accompanied by check as down payment, there was a written offer by owners and a written acceptance by purchaser, and such writings were sufficient to take the case out of statute of frauds. 2. Frauds, Statute of ? Memorandum must name parties. The note or memorandum necessary to meet requirements of statute of frauds must name the parties. 3. Frauds, Statute of ? Memorandum may consist of several writings. The note or memorandum necessary to meet requirements of statute of frauds may consist of several writings. 4. Frauds, Statute of ? Essentials may be stated in general terms. The note or memorandum necessary to meet requirements of statute of frauds must contain all the essentials of the contract and the essentials may be stated in general terms. 5. Frauds, Statute of ? Contract not invalid. Contract for sale of ranch, consisting of (1) written agreement, signed by owners, to permit real estate broker to sell their ranch for 30 day period on terms which were adequately stated and (2) purchasers written, unqualified acceptance accompanied by check as down payment, was not invalid under statute of frauds on any theory of lack of mutuality insofar as purchaser seeking specific performance was concerned, in that purchaser did not sign agreement signed by owners and in that owners offer was not intended for the particular purchaser. - Page 308 6. Frauds, Statute of ? Binding effect of memorandum. If memorandum is otherwise sufficient it is binding for purpose of satisfying statute of frauds even though it is not intended for, or addressed, delivered, or known to the other contracting party. 7. Specific Performance ? Purchaser entitled to specific performance. Purchaser was entitled to remedy of specific performance of contract for purchase of defendants ranch in absence of any evidence to overcome presumption that breach of agreement to transfer realty cannot be adequately relieved by pecuniary compensation.