Legal Opinion · Dissent

Jackman v. Estate of Pitterson

District Court, Virgin Islands

Decided August 6, 2008No. D.C. Civil App. No. 2004/147Published

1DissentKendall, J.

The majority holds that despite the existence of a valid oral contract between Jackman and the decedent, in which Jackman worked for the decedent, uncompensated, for five (5) years in exchange for land, this contract is unenforceable, and Jackman is not entitled to any of the land that he was promised. Because I believe that the property at issue was sufficiently ascertainable to order specific performance, and because today’s holding works a gross injustice, I dissent.

This Court is bound by the lower court’s findings of fact if they are supported by substantial evidence in the record. Knepp…

2Cases cited8 opinions

  1. Hecht Co. v. BowlesSupreme Court of the United States · 1944
  2. Porter v. Warner Holding Co.Supreme Court of the United States · 1946
  3. Warner-Lambert Company v. Breathasure, Inc.Court of Appeals for the Third Circuit · 2000
  4. United States v. PriceCourt of Appeals for the Third Circuit · 1982
  5. Carl W. Wills v. Warren H. Young, as Ancillary Administrator C.T.A. Of Estate of Charles K. Ives, DeceasedCourt of Appeals for the Third Circuit · 1958

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