Willis and Leslie orally agree to the sale of a parcel of land for $50,000: one-half payable now as a down payment;one-half payable in 30 days at the time of closing when the title will be transferred.The buyer,Willis,is to have possession immediately.Willis pays Leslie $25,000,takes possession of the land,and starts building a house.At the time of closing,the house is nearly completed.However,Leslie refuses to transfer the title,claiming the oral contract is not enforceable.This contract is:

Question

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The contract is enforceable because Willis has partially performed the oral contract and made improvements on the land. This is known as part performance exception to the statute of frauds which means that if a party has partially performed their obligations under an otherwise unenforceable agreement, then the court will enforce the agreement to the extent necessary to avoid injustice. In this case, Willis has paid the down payment, taken possession of the land, and started building a house, which is a clear indication of his intention to perform the contract despite the lack of a written agreement. Leslie's refusal to transfer the title after Willis has already performed half of his obligations would be unfair and unjust. Therefore, the court would likely enforce the contract in favor of Willis.

Willis and Leslie Orally Agree to the Sale of a Parcel