Monday, January 6, 2014

Walker v. Ireton case brief

Walker v. Ireton case brief summary
559 P.2d 340 (1977)

CASE SYNOPSIS
Plaintiff seller appealed from Saline District Court, Division No. 1 (Kansas), which granted defendant buyers' motion for summary judgment on the ground that the seller was not entitled to specific performance as a matter of law because of the application of the statute of frauds.

CASE FACTS
The seller brought an action for the specific performance of an oral contract for the sale of farmland. He later appealed from the grant of summary judgment in favor of the buyers on that grounds that he was not entitled to specific performance because of the application of the statute of frauds.

ISSUE
  • Whether equitable considerations prevented the statute of frauds from being asserted as a defense to the action on the oral contract.
DISCUSSION

  • On appeal, the court affirmed, finding that the case was ripe for summary judgment. 
  •  The court concluded that under all the facts and circumstances equity did not require the statute of frauds to be removed as a defense to this action for specific performance of the oral contract. 
  • There was no claim that there was any relationship of trust or confidence between the parties. 
  • There were no allegations or evidence of false misrepresentation of existing facts.
  • The court also found that the seller was entitled to the return of his check on the basis of quantum meruit or unjust enrichment. 
  • The judgment of the district court was affirmed.

CONCLUSION
The granting of summary judgment in favor of the buyers was affirmed.


Suggested law school study materials

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.