Coray v. Hom

OPINION

By the Court,

Thompson, J.:

This is an action by the sellers of real property (the Corays) to compel the alleged buyers (Horn and others) to specifically perform their contract to purchase, or, in the alternative, to pay damages. The buyers won in the trial court and the sellers appeal.

The case is loaded with procedural blunders. Halfway through the trial the buyers decided to rely upon the statute of frauds as a defense to the sellers’ claim for relief. Their pleadings did not mention the statute. Having failed to plead the statute of frauds as an affirmative defense as required by NRCP…