Kearns v. Andree

139 A. 695 (1928)

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Nature of the Case

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Facts

P and D entered into an oral contract where D agreed to purchase a house and lot at the corner of Prospect and Edwards streets at a price of $8,500. D would assume a first mortgage of $4,500 and pay $4,000 in cash. The first mortgage was not then in existence, but P promised to obtain it, there being no agreement, however, as to the identity of the mortgagee or as to its terms. D became dissatisfied with his purchase but agreed to stand by the bargain, if certain alterations were made in the house. P proceeded to make the changes and finish the house as desired by D. P cut down certain trees, and he also secured a bank mortgage upon the premises in the sum of $4,500. D refused to complete the purchase. The changes made the premises less salable, but P finally secured a purchaser for the price of $8,250, after, to meet this purchaser's desires, he had repainted the house a different color and repapered certain rooms. P sued to recover the expenses to which he was put in order to finish the house to meet D's wishes, and thereafter, to adapt it to the desires of the purchaser, and also to recover the difference between the price agreed to be paid by D and that for which the house was finally sold. The trial court found that P's acts for finishing the house were sufficient to take the case out of the statute of frauds. It then found that the agreement was too indefinite to be enforceable. The court awarded judgment for P to recover the value of the trees cut and the cost of repainting and repapering to meet the desires of the ultimate purchaser. D appealed.