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Cooke v. Goethals | 157 Wash. App. 1067 (2010)

The Cookes agreed to purchase property. They moved their property in, made repairs, and made payments, but never put anything in writing. Did the statute of frauds mean that their goose was cooked? Not necessarily, according to Cooke versus Goethals.

In two thousand one, Gilbert and Lena Goethals and their son Donald Goethals offered to sell property to Steve and Dana Cooke for sixty thousand dollars. The Cookes agreed to the price, but couldn’t obtain financing due to a lot-line-adjustment issue. Donald Goethals assured the Cookes that he could resolve the issue. The parties orally agreed that the Cookes would pay three hundred fifty dollars a month, with a balloon payment in five years.

The Cookes moved in and began making monthly payments while attempting to resolve the lot-line issue. The Cookes removed garbage from the property and rebuilt the garage. When a vehicle ran into the garage, knocking out power, Donald Goethals suggested how the Cookes could recover damages, but made no attempt to fix the issue.

In two thousand eight, the Goethalses told the Cookes that they had fixed the lot-line issue and would now sell the property to them for one hundred thousand dollars. The Cookes refused, claiming they had already agreed to purchase the property for sixty thousand dollars. The Goethalses served the Cookes with a notice to remove their personal property from the premises. The Cookes sued, seeking specific performance of the original sales agreement. The trial court granted the Goethals’s motion for summary judgment. The Cookes appealed.

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