Bent v. Ferguson

Opinion by

Judge MARQUEZ.

Plaintiff, Alfred E. Bent, appeals from a summary judgment dismissing his claims arising out of the purchase and sale of certain real property. We reverse and remand for further proceedings.

The following facts are not in dispute. In 1974, plaintiff and Margery M. Ferguson, defendant, entered into a written contract whereby plaintiff agreed to purchase a certain tract of realty from defendant. In partial performance of the agreement, plaintiff paid defendant $70,000 of the $200,000 contract purchase price. However, the land was never conveyed, and defendant never…