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Bar Practice Question for June 17th

A seller and a buyer entered into a written agreement for the sale of a property by general warranty deed. The agreement, signed by both of the parties, called for the deed to be delivered on a certain date. The agreement named the parties, appropriately described the property, and required the buyer to pay by certified check. The parties, however, neglected to put the agreed-to price in the contract. On the date agreed upon for the delivery of the deed, the buyer tendered a personal check and the seller refused to perform. The buyer initiates an action for specific performance. The seller asserts the Statute of Frauds as a defense.

Which party is likely to prevail?

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