ND Bar Practice Questions - North Dakota Bar Examination Exam

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A homeowner orally agrees to sell her North Dakota house to a buyer for $250,000. The buyer pays $50,000, takes possession, and builds an addition. The seller refuses to convey, citing the Statute of Frauds. Which doctrine most likely allows the buyer to enforce the oral agreement?

Part performance, where payment plus possession plus improvements take the contract out of the Statute of Frauds The merchant's-firm-offer exception The mailbox rule Promissory estoppel limited to charitable subscriptions

Correct Answer:

Part performance, where payment plus possession plus improvements take the contract out of the Statute of Frauds

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