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27. Is the buyer entitled to specific performance of the contract?
The buyer has sued the seller for specific performance. The seller has asserted all available defenses.
Shortly after the execution of the agreement, the parties met to stake out the parcel of land to be sold, but they could not agree. The disagreement intensified, and the seller repudiated the contract.
A seller owns a 400-acre tract of land with 5,000 feet of frontage on a county highway. The seller and a buyer entered into a written agreement for the sale of a portion of the tract identified only as «a parcel of land, containing not less than 100 acres and having not less than 1,000 feet of frontage on the county highway, whose exact location and dimensions are to be determined by the parties hereto, at a price of $8,000 per acre.»
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B is incorrect. Although this response correctly concludes that the contract cannot be enforced, it misstates the rationale. A sale price may be in gross or, as here, where the price depends on the actual number of acres sold at a per-acre price.
C is incorrect. As explained above, the written agreement specified that the parties were yet to agree on what land was to be conveyed, so the contract cannot be specifically enforced.
D is incorrect. The Statute of Frauds requires the written agreement to at least specify what land is to be conveyed. Because the written agreement did not include this, it cannot be specifically enforced.