Nature of the Case
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Facts
Wiley (P) signed an exclusive listing contract with Tom Howell (D) for the sale of his home. P gave the exclusive listing contract to D for a sixty-day period and if the house was not sold to a third party within 60 days; D would purchase the house at appraised value. P would then have the option to accept or reject the tendered appraised price. The house did not sell, and D did not make an appraised offer to P. P had moved and could not continue to make the payments on the house, and it was sold. P sued D. D moved for summary judgment; the Statute of Frauds precluded agreement of that portion of the sales price relating to the sales option of P. The trial court granted summary judgment and P appealed.
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