Explore the Statute of Frauds
Stan went to see a small cabin that Peter was selling for $75,000. Stan then sent Peter an e-mail that said, “I would like to buy the cabin that you showed me yesterday. What do you think of $68,000.” The next day, Stan met Peter at a restaurant for lunch and they discussed the possible sale. Peter wrote on a napkin at their table, “My cabin and all the land that it is on – I want $72,000 in payment from you.” Stan wrote, “Sounds good” underneath. They shook hands and Peter said, great, just bring me a down payment, and the place is yours. Stan kept the napkin. The next day, Stan met Peter at the cabin with a down payment check of $10,000, which Peter accepted. Peter picked up an old receipt and wrote on the back of it: “receipt for $10k for the cabin down payment from Stan.” He gave the receipt to Stan. Just before Stan left the cabin, he also asked about a move-in date. Peter grabbed a sticky note, and wrote: “October 15, Stan’s move-in date.”
However, when October 15 arrived, Stan went to the cabin, and the door was locked. As he was leaving the cabin’s property, he also noticed a person who had set up a tent on the property. That person told Stan that he had recently made an offer to buy the land from Peter, although not the cabin, which Peter had accepted. After several days, Stan was able to reach Peter. Peter said that Stan owed him $65,000 for the cabin, and only the cabin – not the rest of the land. Stan still had the e-mail, napkin, an old receipt, but he had lost the sticky note.
You work at a small law firm and a supervising attorney, Tim Tiburon, just told you about this case. He asks you to please analyze the case, and then write him a memo in which you explain if there is an enforceable contract in this situation – he tells you to be sure to focus on the statute of frauds and related issues, such as the parol evidence rule. He also wants you to be sure to include relevant case law – at least three cases.
References: Include five scholarly/legal references in your assignment.BLUEBOOK standard formatting and citations.
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