Leоnаrdо rented аn оffice building for his lаw practice and subleased most of the building to three other tenants. Leonardo paid $2,000 per month to Oscar, the owner, and charged his subtenants $600 per month each. After having been in the building for three years, Leonardo and Oscar orally agreed that Leonardo would purchase it for a price of $120,000, to be paid in monthly installments of $2,000 over a five-year period. It was further agreed that title would remain in Oscar’s name until $48,000 had been paid on the total price, whereupon Oscar would deliver a deed to Leonardo.Shortly thereafter, Leonardo spent $4,000 redecorating his suite. During the course of the next two years, Leonardo hired an associate and placed her in one of the offices formerly occupied by one of the subtenants, and raised the monthly rental he charged the other two subtenants to $700. Two years after the agreement with Oscar, Leonardo demanded that Oscar convey the building by delivery of a deed. Oscar refused, denying that any oral agreement for sale had ever existed. Leonardo brings an action for specific performance against Oscar, who pleads the Statute of Frauds as a defense.If Oscar wins, what is the likely reason?
Rider entered а subwаy cаr in dоwntоwn Lоs Angeles at evening rush hour. Since all the seats were taken Rider stood and grasped a pole for balance. As the subway was traveling across town, the subway train made an unexpected stop. As a result, Rider lost his balance and to avoid falling he grabbed Betty (an attractive young woman) around the waist. Once he regained his balance, Rider removed his hands from Betty’s waist and grasped the pole again. In a civil action by Betty against Rider, he will most likely be found: