Property

Brief

Ward v. Mattuschek

Procedural History:

• Lower court ruled for the defendant.
• Appealed.
• Reversed.

Facts:

• Defendants own and reside on a ranch in Fergus County, Montana.
• After hearing their place may be for a sale, a real estate agent named Carnell met with the defendants and was appointed their agent.
• A few days later, Carnell met with Ward and on May 20, 1953, Ward agreed to buy the place for $30,000 and gave Carnell a check for $2,500 as a binder.
• Carnell then drove back to the defendants and advised them the deal has been closed.
  • The defendants then asked if they could lease back the farm land.
• Carnell met with Ward and set up a meeting at his office to talk about it.
• A disagreement arose out of this meeting which resulted in the defendants refusing to convey to Ward.

Issue:

• Are the writings sufficient to take this case out of the statute of frauds?

Holding:

• Yes.

Reasoning:

• The defendants agreed in writing to allow Carnell to sell their land.
• The acceptance of Ward was also in writing.
• The court finds it difficult to conceive a more clear cut offer and acceptance in writing.
• The court notes that it is not always necessary for both parties execute a written agreement, this is due to mutuality.
  • The only signature made necessary by the statute of frauds is that of the party to be charged.