Affirms dismissal of complaint against church for specific performance after church failed to follow through on written agreement to exchange two properties

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Robert Reich, who had a remainder interest in a property, and Lincoln Hills Christian Church, Inc. entered into a written agreement for the exchange of two properties. Reich’s mother, who had a life estate in the property, did not sign the agreement. When the church did not follow through with the agreement, Reich sued for specific performance, and Lincoln Hills filed a motion to dismiss. Reich now appeals the trial court’s Indiana Trial Rule 12(B)(6) dismissal of his complaint.
Conclusion (slip op. at 2):  Because the written agreement neither describes with reasonable certainty each party and the land nor states with reasonable certainty the terms and conditions of the promises and by whom the promises were made in violation of Indiana’s Statute of Frauds, we affirm the dismissal of Reich’s complaint.
Key Analysis (slip op. at 7):  Because the written agreement does not meet the requirements of the Statute of Frauds, the trial court’s error in failing to convert Lincoln Hills’ motion to dismiss into a motion for summary judgment and in failing to consider Mary’s affidavit is harmless.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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