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Mary and Perry entered into a written, signed contract by which Mary agreed to buy Perry s home for $ 1 5 0 , 0
Mary and Perry entered into a written, signed contract by which Mary agreed to buy Perrys home for $ Mary and Perry orally agreed, but did not put into writing, that a condition precedent to the purchase was that Mary would be approved for financing. Unfortunately, although she put forth a good faith effort, Mary could not get a loan and refused to go through with the sale. Which of the following would be the most likely result if Perry sued Mary for breach of contract?
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Mary will be found to have breached the contract because oral evidence to vary the terms of the written agreement is barred by the parol evidence rule.
The court will likely rule in Marys favor because of the equities of the situation.
Mary will be found to have breached the contract because oral evidence to vary the terms of the written agreement is barred by the statute of frauds.
The court will likely rule in Marys favor because oral testimony may be used to prove the existence of a condition precedent.
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