MJS Industries v. Sukhov
Plaintiff appeals from a judgment entered in favor of defendant, as Trustee of the Marjorie T. Houston Living Trust as amended on January 8, 1997, (Trustee) after a court trial. It claims that the trial court erred in failing to find that it had demonstrated the existence of sufficient written memoranda to constitute a contract for its purchase of real property from Trustee. Alternatively, it claims that the trial court erred both in failing to find that it avoided the bar of the statute of frauds because it partially performed the contract, and in failing to find Trustee equitably estopped to assert the defense. Appellant also claims that the trial court both erroneously allowed the testimony of a witness, because Trustee did not identify him during discovery, and erroneously awarded Trustee costs for attempted, but unsuccessful, service of process. Court affirmed.
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