The appellant appealed a summary judgment dismissing its action for specific performance of an alleged oral agreement to purchase land.
The motion judge found no genuine issue for trial because essential terms, specifically the assumption of obligations under a Cost Sharing Agreement, were not agreed upon, and there was no written memorandum to satisfy the Statute of Frauds.
The Court of Appeal upheld the motion judge's decision, agreeing that the appellant's self-serving affidavit evidence, which contradicted its own draft agreement, was insufficient to create a triable issue.
