Question
1. Holly owns a dog training business, Agile Agility, and needs to purchase land to set up a dog agility course. She finds a two-acre
1. Holly owns a dog training business, Agile Agility, and needs to purchase land to set up a dog agility course. She finds a two-acre tract of land that is perfect and pays $1000 for a written option contract to purchase the land for $70,000 from the owner, Barney, no later than June 30th. Meanwhile, the City of Waco decided to expand the road that runs adjacent to the land, and Holly is concerned that the City may exercise their power of eminent domain and take part of the property for the road expansion. Accordingly, she contacts Barney and asks if the option could be extended to July 31th to find out the Citys plans. Barney agrees to the extension. On July 25th, Barney is contacted by Zeke who offers to purchase the land for cash for $80,000. Barney accepts the offer and makes a contract to sell the land to Zeke on that date. On July 30th, Holly sends an email to Barney informing him that she has decided to purchase the land. Which statement is correct? A. This contract is covered by the common law and Barney is in breach of contract. B. Holly will not be able to sue for specific performance, but she will be able to sue for money damages. C. The promise to extend is unenforceable and Holly has no legal remedy. D. If Barney returns the $1,000, then he can avoid the option but otherwise he is bound by the promise to extend. E. If the promise to extend was in writing, it would be enforceable.
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