Shayeb v. Holland, 321 Mass. 429. It is apparent that it correctly states the oral undertaking of the parties. Epdee Corp. v. Richmond, 321 Mass. 673. It may be noted that the above described receipt states that the balance of the purchase price is payable in sixty days.

It follows that the decree must be modified by striking out the word "warranty" where it appears in the decree and as so modified the decree is affirmed. Epdee Corp. v. Richmond, 321 Mass. 673, 676. So ordered.

Ed.) c. 259, § 1, Fourth. Epdee Corp. v. Richmond, 321 Mass. 673, 675, and cases cited. Rix v. Dooley, 322 Mass. 303, 307.

Dennett v. Norwood Housing Assn. Inc. 241 Mass. 516, 521. Parkhurst v. Maynard, 285 Mass. 59, 63. It constitutes no unwarranted extension of this result to impose on sellers who impair their own title a similar obligation. Relief to the purchaser so ordered does not produce injustice or oppression to the seller ( Morad v. Silva, 331 Mass. 94, 99) and is not an unfair extension of the provisions of the contract (see Epdee Corp. v. Richmond, 321 Mass. 673). In Barrett v. Carney, 337 Mass.

The letter memorandum did not contain many provisions which might have been appropriate for inclusion in a formal sealed lease. See analogy of Epdee Corp. v. Richmond, 321 Mass. 673, 675 (agreement to sell land). The testimony, however, showed only two matters which were dealt with in conversations but not specifically dealt with in the letter, viz. (a) the space to be occupied by Hook, a matter covered in detail by the floor plan submitted to Berman prior to the transmission of the latter's letter and impliedly incorporated by reference in the letter (see Corbin, Contracts, §§ 512, 515), and (b) the times of payment of the rent, which were shown by Brown's somewhat ambiguous statement that the rent was to be "the same terms that we were . . . paying . . . Wharf.

Des Brisay v. Foss, 264 Mass. 102, 109. Michelson v. Sherman, 310 Mass. 774, 775. Cousbelis v. Alexander, 315 Mass. 729, 730. Epdee Corp. v. Richmond, 321 Mass. 673, 675. Pino v. Yenof, 353 Mass. 775. The endorsement clearly indicates the nature of the transaction, the parties, the locus of the property, and the purchase price. No essential element of a contract for the sale of land was omitted.

Sancta Maria Hosp. v. Cambridge, 369 Mass. 586, 595 (1976). Compare Epdee Corp. v. Richmond, 321 Mass. 673, 676 (1947); Van Dusen Aircraft Supplies of New England, Inc. v. Massachusetts Port Authy., 361 Mass. 131, 142-143 (1972). The judgment is reversed, and a new judgment is to be entered in accordance with the motion therefor filed by the plaintiff.

Murray, of course, was pressing for performance even though the scheduled closing date had come and gone. When, as here, the conduct of the parties demonstrates an intention to waive the time set for performance, Gentile Bros. v. Rowena Homes, Inc., 352 Mass. 584, 589-590 (1967); Flynn v. Wallace, 359 Mass. 711, 715-716 (1971), the parties may set, or the court will establish for them, a reasonable time for performance. See Epdee Corp. v. Richmond, 321 Mass. 673, 675 (1947). See also Moskow v. Burke, 255 Mass. 563, 566-567 (1926); Church of God in Christ, Inc. v. Congregation Kehillath Jacob, 370 Mass. 828, 833-834 (1976).

To satisfy the statute of frauds, the writing must state correctly the oral undertaking of the party sought to be charged. Epdee Corp. v. Richmond, 321 Mass. 673, 75 N.E.2d 238 (1947). As the Tufenkjian memorandum speaks only to negotiations which took place for the purpose of entering into a new and separate undertaking, it cannot be construed as a sufficient writing memorializing the oral agreement on which the plaintiff sues.

Shayeb v. Holland, 321 Mass. 429, 432 (1947). See Epdee Corp. v. Richmond, 321 Mass. 673, 675 (1947). In the instant case, the parties fixed the purchase price and added an adjustment clause which prescribed the method by which the adjusted price was to be calculated.