John McClare v. James J. Rocha

[¶ 1] John McClare appeals from a judgment entered by the Superior Court (Penobscot County, A. Murray, J.) granting James J. Rocha’s motion for summary judgment on McClare’s claim for specific performance of an alleged contract to sell real estate. McClare argues that the court erred in concluding that the emails between McClare and Rocha did not contain all the material terms necessary to form a contract for the sale of land. He further argues that the emails constitute a signed writing, thereby satisfying the statute of frauds, 33 M.R.S. § 51 (2013).

[¶ 2] Because an email can constitute a…