Reference no: EM131657534

Question: Green owns a lot (Lot S) in the Manomet section of Plymouth, Massachusetts. In July 1980, she advertised it for sale. On July 11 and 12, the Hickeys discussed with Green purchasing Lot S and orally agreed to a sale for $15,000. On July 12, Green accepted the Hickeys' check for $500. Hickey had left the payee line of the deposit check blank because of uncertainty whether Green or her brother was to receive the check. Hickey asked Green to fill in the appropriate name. Green, however, held the check, did not fill in the payee's name, and neither cashed nor endorsed it. Hickey told Green that his intention was to sell his home and build on the lot he was buying from Green. Relying on the arrangements with Green, the Hickeys advertised their house in newspapers for three days in July. They found a purchaser quickly. Within a short time, they contracted with a purchaser for the sale of their house and accepted the purchaser's deposit check. On the back of this check, above the Hickeys' signatures endorsing the check, was noted: "Deposit on purchase of property at Sachem Rd. and First St., Manomet, Ma. Sale price, $44,000." On July 24, Green told Hickey that she no longer intended to sell her property to him and instead had decided to sell it to someone else for $16,000. Hickey offered to pay Green $16,000 for the lot, but she refused this offer. The Hickeys then filed a complaint against Green seeking specific performance. Green asserted that relief was barred by the statute of frauds. Is this correct?