Enforceability of Prior Real Estate Promise Against Subsequent Purchaser with Possession
Synthèse Legislator
Généré par l'IAA party contracted to purchase a right of way across a property, but the seller subsequently sold the property to a third party who then refused to acknowledge the prior agreement, leading to a dispute over the enforceability of the initial promise of sale against the subsequent purchaser. The court ruled for the plaintiff, holding that when a promise to sell real estate has been perfected by acceptance, it establishes a definitive sale between the parties, and since the promisee had taken possession of the property before the second sale, the subsequent buyer, despite being in good faith, was bound by the prior contract because the right of way was an integral part of the established sale agreement.
Regeste Legislator
Généré par l'IAEnforceability of Prior Real Estate Promise Against Subsequent Purchaser with Possession: The court ruled for the plaintiff, holding that when a promise to sell real estate has been perfected by acceptance, it establishes a definitive sale between the parties, and since the promisee had taken possession of the property before the second sale, the subsequent buyer, despite being in good faith, was bound by the prior contract because the right of way was an integral part of the established sale agreement.