Supruniuk v. Petri

334 A.2d 857 (Me. 1975)

Facts

Supruniuk (P) is seeking an order for specific performance of an agreement written by one of the defendants, Petriw (D), in Russian, to sell to P, D's 100-acre farm. After completion of the testimony, the trial judge took the case from the jury and ordered Ds to convey the property to P upon payment of the agreed purchase price. It was undisputed that D made known to P his desire to sell the farm and that they agreed on a purchase price of $6,500. The agreement was prepared and signed by the parties. Sometime thereafter D changed his mind and could not complete the agreement. During trial, D contended that the writing did not contain all the terms of the agreement and that he had the right to live on the farm for life, and P was to have the use of the farm as a depository for chicken manure and that also P promised a deposit of $200 and also promised to make some dentures for D. D claimed that P never made the dentures nor gave him the deposit. P testified that he paid D the $200 deposit and that there was no agreement for the dentures nor a life estate. P did admit that he told D that he could stay on the property for one year. P denies that he gave directions as to the contents to be written. The court also admitted a journal book of checks that P kept over the objection of D in that the journal was not admissible under the common law shop book rule. Ds appealed.