With no explanation, chose the best option from "A", "B", "C" or "D". Id. at 17. The court should not weigh evidence, assess credibility, or find facts. The court may only consider undisputed material facts and apply them to the law. See Kelley v. Rossi, 395 Mass. 659, 663 (1985). The determination of whether a contract for te the essential terms of an agreement for the purchase and sale of real estate without binding either of the parties. See Eno & Hovey, supra at 24. Since there exists no written contract signed by Tudor or its agent, Albrecht’s claim for breach of contract is invalid as a matter of law and summary judgment must enter in favor of the defendants. See Simon v. Simon, 35 Mass.App.Ct. 705, 709 (1994) (whether a sufficient writing exists is a question of law for the court). See also Bogash v. Studios, Inc., 303 Mass. 207, 207-08 (1939) (<HOLDING>). Albrecht argues that the “offer to purchase

A: holding that the burden is on the plaintiff
B: holding that where the statute of frauds is pleaded the burden is on the plaintiff to demonstrate that a sufficient writing exists
C: holding sufficient part performance of an oral trust agreement is required to remove it from the statute of frauds
D: holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction
B.