Question: The Chavezes allege that in May of 1998 they entered

The Chavezes allege that in May of 1998, they entered into a verbal agreement with Bravo to purchase a home located in Alamo, Texas, for $65,000, comprising a $2,000 down payment and monthly installments of $500. The Chavezes moved into the home and made monthly payments to Bravo from June 1998 until December 2005. They also made a number of repairs. When Bravo died, his widow sold the Alamo home to Cantu. After obtaining ownership of the home, Cantu gave the Chavezes notice to vacate the premises. Cantu and Mrs. Bravo claim that the monthly payments from the Chavezes were rent and that no contract of sale was ever consummated. The Chavezes filed suit against Mrs. Bravo and Cantu, seeking a determination that they had an enforceable contract with Bravo and were wrongfully evicted.
Cantu and Mrs. Bravo asserted that the statute of frauds barred enforcement of any contract, and the Chavezes claim that they have provided partial performance, so the oral contract is valid. Will they win?

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  • CreatedJuly 16, 2014
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