The Smiths wished to sell their farm. Across the road from the farm, the Smiths had an icehouse. Mr. Jones was interested in purchasing the farm but found the icehouse objectionable. The Smiths orally promised, in consideration of Jones agreeing to the purchase of their farm, to remove the icehouse. Relying upon this promise, Jones executed a written contract to buy the farm for $128,000. The contract for the purchase and sale of the farm appeared fully complete on its face, addressing any and all terms typically included in a contract for the purchase and sale of a farm. However, the contract was silent on the removal of the icehouse. The sale was completed, and Jones took possession of the property. The Smiths never removed the icehouse even though Jones made several attempts to get the Smiths to remove it.

1. Can Jones offer proof that the promise to remove the icehouse was made in furtherance of the agreement to purchase the farm? (Hint What are the Terms of the Deal?) 2. Will the Court order "specific performance" as a remedy and order the Smiths to remove the icehouse? What if Jones pays to have the icehouse removed, can he recover his costs from the Smiths? 3. Assume JUST FOR THIS QUESTION, that Jones and the Smiths entered into a separate contract for the removal of the icehouse and they agreed to 1) split the cost of removal 50/50; 2) that the Smiths would use their contractor to start removal the day after escrow closes, and 3) Mr. Jones would make the first 50% payment directly to the contractor with the Smiths paying the remaining 50% balance. Mr. Jones closed escrow and it is now week four and the contractor has not shown up despite Mr. Jone's repeated efforts to contact the Smiths. What steps can he legally take?