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Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson
Edition 19ISBN: 978-1305654921Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson
Edition 19ISBN: 978-1305654921 Exercise 5
Don Wang and Royal Investment Group LLC signed a contract of sale of Wang's house. Sean Shahparast was the sole member of Royal. The parties signed an addendum obligating Wang to remove all trash by January 21 and permitting Royal to do "any repair/ construction at buyer's risk and expense." The trash was not removed, and additional addenda were signed obligating Royal to remove the trash, and Wang to remove a derelict car. On June 16, the car was still in the way, so Wang's real estate agent phoned Shahparast. They agreed to reduce the sale price to $600,000, set August 31 as the closing date, and require Wang to remove the car in two days. Wang signed the addendum and had the car towed that day. Royal then asked to extend the closing date to December. Negotiations followed without agreement. The closing was not held on August 31, so Wang's lawyer wrote Shahparast, saying it was clear he was not going to settle under the terms of the contract, and asking for release of the earnest money to Wang. Letters went back and forth. In October, after Royal had the house demolished, it unilaterally set a new closing date. The June 16 addendum, signed but undated by Shahparast, was sent to the closing company. Royal applied for and received a building permit saying that Wang authorized the work. Royal built a house on the property. Royal sued Wang to execute the sale of the property, alleging the June 16 addendum did not satisfy the Statute of Frauds memorandum requirement because it was signed after the August 31 settlement date, thus after a breach of contract. Was the June 16 addendum enforceable?
Explanation
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Addendum:
It is an addition to the orig...
Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson
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