Fitzgerald v. O’connell

Facts

P agreed to purchase, and Gertrude agreed to sell, a parcel of unimproved real estate on Binney Street. The parcel abuts other real estate owned by P, who wished to enlarge their own property. The purchase price was $500. P paid $250 upon execution of the agreement and was to pay the balance upon delivery of the deed at the closing, which was to take place on October 24, 1963. Gertrude died on July 19, 1963, and by will devised an undivided two-thirds interest in the property to her son and his wife (D) as joint tenants. The remaining one-third interest was devised to her two granddaughters, Linda O'Connell and Anne O'Connell (Ds). P forwarded a check for $250, representing the balance of the purchase price, and check was never cashed. D later advised P that he was going to rip up the check as a gift to their newly born twins. Approximately a year later P asked D when the conveyance could be completed. D replied that his mother's estate was 'a little mixed up' and that he would let them know when the transfer could be taken care of. Two years later, in October 1966, the son died, and his wife Cathleen, as joint tenant, acquired his interest in the real estate. After waiting a 'respectful' period of time, P contacted Cathleen, advised her of the purchase and sales agreement, and asked to be notified when the estate was settled. The first and final account for the estate of Gertrude was allowed on July 1970. The lien on the property of the State of Rhode Island for inheritance taxes due from the estate of Jay K. O'Connell was not discharged until February 21, 1972. P then learned from Cathleen planned to sell the real estate to a third party. In July 1972, P filed a copy of the purchase and sales agreement in the Newport Land Evidence Records. P sued D in October 1973. In their answer, Ds asserted that the claim was barred by both the statute of limitations and by the doctrine of laches.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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