Derek and Abyan were discussing business over lunch when they agreed on the sale of a five-acre parcel of land.Since neither of them had any paper with them,Derek wrote the following on a napkin: "Abyan agrees to purchase from Derek a 5-acre parcel located at the local address of 123 Forrest Street,St.Joseph,Minnesota,U.S.A.for the price of $3500 per acre.Transfer of title,payment,and possession to take place on May 1,2010." Abyan signed the napkin.On May 1,2010,Derek was ready to close the deal and transfer title but Abyan refused to pay the purchase price.If Derek sues Abyan for the price of the land,the most likely result will be:
A) Abyan will win because the writing is not sufficient under the statute of frauds.
B) Derek will win because the writing is sufficient under the statute of frauds.
C) Abyan will win because Derek did not sign the writing.
D) Derek will win because the statute of frauds does not apply to this situation.

Question

Quizplus · Accepted Answer

The writing on the napkin contains all the essential terms of the agreement and is signed by Abyan. While Derek did not sign it, the signature of Abyan is sufficient to satisfy the statute of frauds. Therefore, the writing is sufficient to establish the existence of a contract between Derek and Abyan for the sale of the land, and Derek can sue Abyan for the price of the land.

Derek and Abyan Were Discussing Business Over Lunch When They