A seller, the owner of a parcel of land, has entered into an oral agreement to sell the land to a purchaser for $20,000. The purchaser has delivered the purchase price to the seller, who deposited it in her bank account. The seller then changes her mind about selling the property, sends back the purchase price plus interest, and refuses to give the purchaser a deed. The purchaser sues for specific performance.
In that suit,
A. The purchaser will win because he performed his obligation.
B. The purchaser will win because a court of equity will specifically enforce an oral contract when there has been part performance.
C. The seller will win because she sent the purchase price back and therefore has clean hands.
D. The seller will win because of the Statute of Frauds.
{ 12 comments }

