Nessralla v. Peck

532 N.E.2d 685 (1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Nessralla (P) owned a farm. Peck (D), was P's son in law. D asked P to act as a straw to assist in the acquisition of a farm across the street from P's farm. In return, D agreed to act as a straw to assist P in acquiring the farm adjacent to his. P had a dispute with that farm and figured that its owner would not want to deal with him. P purchased the farm that D wanted putting up $11,000 of his own money and taking title. D's firm then reimbursed P and paid the entire purchase price of $162,500. P then turned his attention to acquiring the farm he wanted, and D assured P that he was using his best efforts to purchase that property. D eventually purchased the adjacent farm and D took title in his name and that of his cousin, Lily Bentas as tenants in common. P did not participate in that purchase and learned one month later that D had actually consummated the deal. P requested that D sell the farm to him. D failed to respond. P sued D for specific performance.