Reference no: EM132244219

Bo was the owner of Lot No. 1 on which he had built his home. Sadia owned the adjoining Lots No. 2 and 3, which were undeveloped, along with Lot No. 4 on which Sadia’shome was located. Bo wished to acquire Lot No. 2 in order to protect his home sitefrom crowding if Lot No. 2 should be sold to a stranger.Meeting Sadia on the street on January 2, Bo explained his wish to acquire LotNo. 2 and offered to buy it from Sadia for $75,000 cash. Sadia agreed and promised todeliver a deed to Lot No. 2 in 4 weeks. Bo paid Sadia $1,000 as a deposit or downpayment towards the purchase price of $75.000.On February 1, Sadia told Bo that she had changed her mind. Bo demands thatSadia perform the contract. Sadia contends that if there is any contract, it is unenforceable.(a) Was there an offer and acceptance sufficient to constitute a contract between Sadiaand Bo? Explain.b) In an action by Bo against Sadia for breach of contract, judgment for whom? Explain.(c) Assume that on January 10, Bo sent to Sadia his check for $1,000 bearing thenotation “On account of purchase price of Lot No. 2” and that Sadia cashed the check,but later refused to convey Lot No. 2. Would Bo’s payment constitute sufficient part performanceto enable Bo to enforce the contract against Sadia? Explain.(d) If the contract is not enforceable, may Bo recover his $1,000? Explain.(e) Assume that in addition to the payment, Bo, with Sadia’s knowledge and consent,entered on Lot No. 2 and had it cleared of brush on January 20 at a cost of $150,but Sadia still refused to convey. Would Bo be entitled to obtain a decree of specific performanceto compel Sadia to deliver a deed to Lot. No. 2 to Bo upon paying to Sadia thebalance of $74,000? Explain.(f) Would Bo be entitled to recover his $1,000 payment plus the $150 cost of clearingthe land? Explain.(g) Assume that on March 1. Bo instituted a suit for specific performance and thatSadia denied she had agreed to sell. At the trial, the court decided that Bo was tellingthe truth and ordered Sadia to execute and deliver to Bo a deed to Lot. No. 2 upon Bopaying the balance of $74,000. Is Sadia entitled to have the decision reversed on appeal,if on the appeal Sadia raises for the first time the defense that her agreement wasnot in a writing signed by the party to be charged? Explain.

Assume that in the preceding problem Sadia had sent to Bo a receipt for the 1,000 reading as follows: "January 11. Received from Bo $1,000 on account of $75,000 purchase price of Lot No. 2 at 27 Y street. Albans, NY Closing in 4 weeks. (signed) Sadia."

a) Would Bo be entitled to a decree of specific performance against Sadia? Explain.

b) Assume that Sadia is willing to perform, but that Bo refuses. Would Sadia be entitled to damagees against Bo? Explain.