Duke v. Miller

Plaintiffs sued for specific performance of a contract for the sale of land. The only memorandum of agreement alleged in tbeir bill of complaint reads as follows:

“Detroit, Mich., Sept. 24,1957)

“Received of Mr. Newell Duke $150.00 DOLLARS as Down Payment on Lot 109 on Fenkel

Balance $4,350

“$150.00 (s) Rat Miller”

The court granted defendants’ motion before trial to dismiss on the ground that the agreement cannot be specifically enforced because the memorandum fails to meet the requirements of the statute of frauds in that it does not specify the time for payment of the balance and closing the…