Question
Jackie owns a farm. Her granddaughter Amy has been helping her on the farm for the last few years. Amy had often expressed interest in
Jackie owns a farm. Her granddaughter Amy has been helping her on the farm for the last few years. Amy had often expressed interest in buying it, and last year Jackie decided to sell it to her. They settled on a price and Amy called her lawyer to have a contract drawn up. When the document was ready, Amy and Jackie drove into town to sign it. On the way, Jackie asked Amy to promise that she would never allow the farm to pass into the hands of a stranger as long as there was a family member who was willing to buy it from her. Amy said that she could not imagine ever selling the beautiful farm, but assured Jackie that if she ever had to sell, she would contact all surviving family members and give them the right of first refusal.
Upon arriving at the lawyer's office, the parties were presented with a routine land sale contract that described the property and stated the price and a standard set of terms about the discharge of encumbrances and transfer of title.As the parties signed the document, Jackie said to Amy, "Remember what you promised, now," and Amy replied, "Of course."
A week later, a developer visited Amy at the farm and told her of a plan to build a resort with condos on the farm and nearby land. The developer offered to buy the farm for a super awesome price. Amy said YES!I'M RICH! When Jackie heard about this, a terrible confrontation took place.Jackie claimed that Amy breached their contract and demanded that Amy resell the farm to her. In response, Amy waved the memorandum of agreement in Jackie's face and yelled, "This contract doesn't say I can't sell to anyone I want to!"Does Jackie have a good cause of action for breach of contract?
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