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Hickey v. Green

Massachusetts Appeals Court
442 N.E.2d 37 (Mass. App. Ct. 1982)

Facts

Gladys Green (defendant) negotiated to sell a parcel of land to the Hickeys (plaintiffs). The parties came to an oral agreement, and the Hickeys gave Green a $500 deposit. The Hickeys told Green that they were going to sell their old house and build on Green’s lot. Less than ten days after making the deposit, the Hickeys sold their house. Subsequently, Green told the Hickeys that she no longer intended to sell the property to them and had found another buyer. The Hickeys offered to meet the other buyer’s price, but Green refused. The Hickeys sued Green, seeking specific performance of the agreement. Green argued that specific performance was unavailable, because the agreement did not comply with the Statute of Frauds. The lower court ruled in favor of the Hickeys and granted specific performance. Green appealed to the Massachusetts Appeals Court.

Rule of Law

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Issue

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Holding and Reasoning (Cutter, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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