Green owns a lot (Lot S) in the Manomet section of Plymouth, Massachusetts. In July 1980, she…

Green owns a lot (Lot S) in the Manomet section of Plymouth,
Massachusetts. In July 1980, she advertised it for sale. On July 11 and 12, the
Hickeys discussed with Green purchasing Lot S and orally agreed to a sale for
$15,000. On July 12, Green accepted the Hickeys’ check for $500. Hickey had
left the payee line of the deposit check blank because of uncertainty whether
Green or her brother was to receive the check. Hickey asked Green to fill in
the appropriate name. Green, however, held the check, did not fill in the
payee’s name, and neither cashed nor endorsed it. Hickey told Green that
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Green owns a lot (Lot S) in the Manomet section of Plymouth,
Massachusetts. In July 1980, she advertised it for sale. On July 11 and 12, the
Hickeys discussed with Green purchasing Lot S and orally agreed to a sale for
$15,000. On July 12, Green accepted the Hickeys’ check for $500. Hickey had
left the payee line of the deposit check blank because of uncertainty whether
Green or her brother was to receive the check. Hickey asked Green to fill in
the appropriate name. Green, however, held the check, did not fill in the
payee’s name, and neither cashed nor endorsed it. Hickey told Green that his
intention was to sell his home and build on the lot he was buying from Green.
Relying on the arrangements with Green, the Hickeys advertised their house in
newspapers for three days in July. They found a purchaser quickly. Within a
short time, they contracted with a purchaser for the sale of their house and
accepted the purchaser’s deposit check. On the back of this check, above the
Hickeys’ signatures endorsing the check, was noted: “Deposit on purchase of
property at Sachem Rd. and First St., Manomet, Ma. Sale price, $44,000.” On
July 24, Green told Hickey that she no longer intended to sell her property to
him and instead had decided to sell it to someone else for $16,000. Hickey
offered to pay Green $16,000 for the lot, but she refused this offer. The
Hickeys then filed a complaint against Green seeking specific performance.
Green asserted that relief was barred by the statute of frauds. Is this
correct?

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