Hull

The corporation which is plaintiff and appellant agreed to buy a parcel of property shortly before defendant-respondent actually bought it and received a deed to it, the former owner having made this situation possible by a complicated series of transactions. Plaintiff seeks specific performance. This owner, Gordon Pusser, had been employed by High Fidelity Enterprises, but was discharged in October 1959, and because there was litigation between him and his former employer and he feared attachment of the property, he conveyed the bare legal title, without consideration, to David G. Hoffman. The property is a lot on which there is a barn, adjacent to plaintiff’s store, and plaintiff was desirous of obtaining the barn. Hoffman had been negotiating with plaintiff even before he received the deed, and he continued to bargain. On March 30, 1960, plaintiff and Hoffman made an oral agreement of purchase and sale, which was confirmed by letter on April 7, 1960. The letter was not recorded.

On April 2, 1960, Hoffman quitclaimed to the attorney for Pusser, who quitclaimed to Pusser. Pusser put the property on sale through a broker who called it to the attention of respondent, Dr. Hull.…