Monarco v. Lo Greco

Monarco v. Lo Greco

1950 California Supreme Court

• Castiglias purchased farm in California. Natale and Carmela tell Christie he will get farm if he doesn’t get Education and stays and works on farm for life.
• Natale and Carmela each executed a will for land to go to Christie–thus this part was in writing. But Christie’s consideration (of staying on farm) was not in writing.
• Plaintiff is Natale’s grandson (Monarco). Before Natale died, he changed his will to give property to his grandson Monarco. Monarco is bringing suit to force Carmela and Christie off land; they counterclaim that Christie should have land; Monarco claims Statute of Frauds .
• Justice Traynor finds reliance and unjust enrichment to justify lifting the bar of the Statute of Frauds .
• Traynor finds that Monarco cannot bring statute of frauds defense on basis of estoppel.
• Previous estoppel cases relied on party making representation that statute of frauds does not apply (or would not be used)–this element not present in this case.
• Traynor explains, however, that basis of earlier estoppel cases is reliance on promise (i.e., where that promise includes statement about statute not applying).
• Why does Traynor use estoppel rather than unjust enrichment as basis of decision? ? Unjust enrichment would require restitution damages, very hard to calculate–how much was Monarco benefitted by Christie working on farm for life?

• Why not say Natale’s will was consideration for Carmela’s will?
• UCC 2-201 (3)(b): resembles estoppel; can’t claim there was no contract, once you have admitted in pleadings that there was a contract for sale but not beyond the quantity of goods admitted.
• UCC 1-103: traditional equitable principles apply (including estoppel) unless displaced by Other provisions of UCC. So: can broader principles of estoppel be applied under UCC, beyond that provided by 2-201 (3)(b)? Does 2-201 (3)(b) displace estoppel principle?

Author: international

Mentioned in these Entries

Education, Other provisions, Statute of Frauds.