Negotiations between Dave and Mary resulted in the following agreement: Dave would sell his property to Mary for the sum of $150 000,closing date to be August 10,2004.When the two completed their discussion,Mary paid Dave $5000 as part payment of the purchase price and received a receipt.The contract was not in writing.On August 10,Mary tendered the remainder of the money,but Dave refused to convey the property.Mary sued Dave for breach of contract.On these facts,which of the following is true? (Assume that all facts can be proved.)
A)Mary can enforce this contract if the receipt specified that the part payment was for the property in question.
B)Mary cannot enforce the agreement because all of the consideration was not paid.
C)Mary cannot enforce this contract because the contract was not evidenced in writing.
D)Mary cannot enforce this contract because the contract was not in writing.
E)Mary cannot enforce the agreement because she had not paid Dave all of the money.

Question

Quizplus · Accepted Answer

While a contract for the sale of land must be in writing to be enforceable, this requirement may be satisfied if there is a written receipt or note evidencing payment of part of the purchase price. Here, Mary paid $5000 as part payment and received a receipt. If this receipt specified that the payment was for the property in question, it would satisfy the writing requirement and Mary could enforce the contract. Therefore, choice A is the best answer. Choice B is incorrect because partial payment counts as consideration. Choice C is incorrect because a written receipt can satisfy the writing requirement. Choice D is incorrect because a written receipt can satisfy the writing requirement. Choice E is incorrect because Mary had paid part of the purchase price and tendered the remainder on the agreed closing date.

Negotiations Between Dave and Mary Resulted in the Following Agreement