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Law question!?


im so confused!!

Harry claims that he and Sally had an oral agreement under which: (i) the parties would form a partnership to develop and then sell a parcel of land; (ii) Harry would work fulltime supervising the development and would contribute $10,000 in cash; and (iii)Sally would contribute the parcel of land. Sally denies any such agreement was ever made and, moreover, asserts that the alleged oral agreement is in conflict with the 鈥渓and provision鈥?of the statute of frauds. Harry responds to the statute of frauds argument by stating, 鈥淭hat鈥檚 ridiculous. An agreement to form a partnership is an agreement to create transferable interests, which are personal property. Not real property.鈥? Who is right?

Suppose they did have a partnership, which legally CAN BE MADE BY AN ORAL AGREEMENT. Harry would be able to make decisions (form contracts) for the both of them under that partnership.

What Harry would not be able to do is buy/sell/trade things that were not within the partnership. Sally would have had to transfer the land out of her personal property and into the joint property of the partnership before Harry could act on it.

Since this clearly didn't happen, Sally is right.

Harry

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