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Keywords

contractlawsuitbreach of contractdamagesstatutetrial

contractplaintiffdefendantstatutetrial

Related Cases

Harley v. Indian Spring Land Co., 123 Conn.App. 800, 3 A.3d 992

Facts

The Indian Spring Land Company began selling lots in a subdivision called Sherwood Farm in 2000. In 2004, Colin E. Harley expressed interest in purchasing lot 29 and signed a reservation agreement that required him to submit architectural plans by a certain date. After discussions with the company's president, Harley was led to believe that the deadlines were flexible. However, when he submitted his plans, the company informed him that the price of the lot would increase, leading Harley to file a lawsuit for breach of contract and other claims.

In 1996, the defendant started the subdivision approval process in order to develop for residential use approximately seventy-nine acres of that land. The defendant named the common interest community Sherwood Farm and, in 2000, commenced selling building lots. In the spring of 2004, the plaintiff contacted Andrew C. Rockefeller, then the president and director of the defendant, and expressed his interest in looking at available lots at Sherwood Farm.

Issue

Did the trial court err in concluding that there was a valid oral modification to the reservation agreement and in finding violations of CUTPA and CIOA?

The defendant claims that the court, for several reasons, improperly concluded that there was a valid oral modification to the reservation agreement.

Rule

An option contract is a continuing offer to sell that creates in the option holder the power to form a binding contract by accepting the offer. A valid modification of a contract requires mutual assent and valid consideration.

An option is a continuing offer to sell, irrevocable until the expiration of the time period fixed by agreement of the parties, which creates in the option holder the power to form a binding contract by accepting the offer….

Analysis

The court found that the reservation agreement constituted a valid option contract, supported by sufficient consideration. It determined that there was mutual assent to the modification of the agreement, as evidenced by the communications between Harley and the company's representatives. The court also applied the doctrine of equitable estoppel to prevent the developer from asserting the statute of frauds as a defense to the modification.

Conclusion

The Appellate Court affirmed the trial court's judgment in favor of Harley on the breach of contract and promissory estoppel claims, while vacating parts of the judgment related to damages.

We affirm in part and vacate in part the judgment of the trial court.

Who won?

Colin E. Harley prevailed in the case because the court found that the developer's actions violated the terms of the reservation agreement and applicable statutes.

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