Derek and Abyan were discussing business over lunch when they agreed on the sale of a five-acre parcel of land.Since neither of them had any paper with them,Derek wrote the following on a napkin: "Abyan agrees to purchase from Derek a 5-acre parcel located at the local address of 123 105th Street,St.Joseph,Minnesota,U.S.A.for the price of $4,500 per acre.Transfer of title,payment,and possession to take place on May 1,2011." Abyan signed the napkin.On May 1,2011,Derek was ready to close the deal and transfer title but Abyan refused to pay the purchase price.If Derek sues Abyan for the price of the land,the most likely result will be:
A)Abyan will win because the writing is not sufficient under the statute of frauds.
B)Derek will win because the writing is sufficient under the statute of frauds.
C)Abyan will win because Derek did not sign the writing.
D)Derek will win because the statute of frauds does not apply to this situation.

Question

Quizplus · Accepted Answer

The writing on the napkin meets the requirements for the statute of frauds, as it contains the essential terms of the agreement (the identity of the parties, the property, the purchase price, and the date for transfer of title). Abyan's signature on the napkin also indicates her agreement to the terms. Therefore, the agreement is enforceable and Derek is likely to win if he sues Abyan for the purchase price of the land.

Derek and Abyan Were Discussing Business Over Lunch When They