Supruniuk v. Petriw

334 A.2d 857 (Me. 1975)

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Nature of the Case

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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.