In the Estate of Sommerer

PAUL M. SPINDEN, Judge.

The issue in this case is the enforceability of an agreement to sell land in which only one of the owners, holding it as a tenant by the entirety, agreed to sell the land but title did not pass while either of the owners was alive. In enforcing the agreement, the circuit court ordered specific performance. We affirm the circuit court’s judgment.

Paul L. Sommerer owned the land jointly with his wife, Frances. During April 2000, he agreed in writing 1 to sell the land to his son, LeRoy, who had been renting it. Frances Sommerer did not agree to the sale and did not sign…