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FOREST CITY CHEVROLET v. WATERFORD OF PORTLAND, LLC

No. CIV.01-282-P-H.

180 F.Supp.2d 234 (2002)

FOREST CITY CHEVROLET, Plaintiff, v. WATERFORD OF PORTLAND, LLC, Defendant.

United States District Court, D. Maine.

January 16, 2002.

Attorney(s) appearing for the Case

Philip P. Mancini, Esq., Horace W Horton, Esq., Douglas F. Britton, Esq., Drummond & Drummond, LLP, Portland, ME, for Forest City Chevrolet.

Glenn Israel, Bernstein, Shur, Sawyer & Nelson, Portland, ME, for Waterford of Portland LLC.

Richard P. Romeo, Esq., Smith Elliott Smith & Garmey, PA, Saco, ME, for DSD Real Estate Inc.

ORDER ON MOTION TO DISMISS

HORNBY, Chief Judge.

The motion to dismiss1 is GRANTED. The plaintiff purchaser seeks to enforce an oral agreement to convey land, but has no writing signed by the defendant seller. The statute of frauds, 33 M.R.S.A. § 51, makes such an oral agreement unenforceable, Shaheen v. Gewappi's, Inc., 529 A.2d 805

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