Vendor-signed agreement of sale can be enforceable when accepted and acted upon; readiness and willingness for specific performance were proved.

An agreement for sale may be a concluded and enforceable contract even if signed only by the vendor, where the purchaser accepts it and the surrounding acts show free consent, consideration, and lawful object; on the facts, delivery of the instrument, payment, and acknowledgments of earnest money established enforceability. The plaintiff also proved readiness and willingness by paying earnest money and issuing notice expressing readiness to pay the balance, satisfying the requirement for specific performance; the decree for specific performance was therefore upheld.

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Issues: (i) Whether an agreement of sale executed only by the vendor, and not by the purchaser, is valid and enforceable; (ii) Whether the plaintiff proved readiness and willingness so as to satisfy the requirements for specific performance.

Issue (i): Whether an agreement of sale executed only by the vendor, and not by the purchaser, is valid and enforceable.

Analysis: An agreement for sale is a bilateral contract because promises are made by both sides, but its formation does not depend upon signatures of both parties. A valid contract may arise from an oral agreement, exchange of communications, or a written document signed only by the vendor and accepted by the purchaser, so long as there is free consent, lawful consideration, lawful object, and no statutory requirement insisting on a different form. On the facts, the instrument was signed by the vendor, witnessed, delivered to the purchaser, and acted upon by the parties through payment and acknowledgments of earnest money, showing a concluded contract.

Conclusion: The agreement of sale executed only by the vendor was valid and enforceable.

Issue (ii): Whether the plaintiff proved readiness and willingness so as to satisfy the requirements for specific performance.

Analysis: The plaintiff established performance of her part by paying earnest money and by issuing notice expressing willingness and readiness to pay the balance consideration. The contractual terms required the vendor to execute the sale deed on receipt of the balance price, and the materials accepted by the trial court and the appellate court supported compliance with the statutory requirement governing specific performance.

Conclusion: The plaintiff satisfied the requirement of readiness and willingness and was entitled to specific performance.

Final Conclusion: The decree for specific performance was rightly upheld, and no interference was warranted with the appellate court's affirmance of the trial court's decree.

Ratio Decidendi: An agreement for sale can be valid and specifically enforceable even if signed only by the vendor, provided the contract is otherwise concluded and the purchaser accepts and acts upon it, and the plaintiff proves readiness and willingness for specific performance.

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