Wilkison

Several of plaintiffs relatives signed an agreement obligating each of them to make a will leaving the family home to plaintiffs father. If all of the signatories had honored the agreement, plaintiff would have received the property by way of his father’s will. Instead, plaintiffs grandmother changed her will shortly before her death, which had the effect of leaving the property to plaintiffs aunt. The home was sold, and the proceeds were placed in a bank account.

Plaintiff filed this action against his aunt, alleging a cause of action for quasi-specific performance, seeking to impose a constructive trust on the proceeds from the sale of the home. The trial court found in plaintiffs favor.

We conclude that plaintiff cannot maintain this action, which seeks an equitable remedy, because he had an adequate remedy at law, namely, a claim based on his grandmother’s breach of the written agreement to leave the property to his father. Accordingly, we reverse.

I

Background

In March 1979, plaintiffs grandparents, father, and aunt signed an agreement providing that the father would purchase the aunt’s interest in the grandparents’ home for $10,000. The agreement also stated…