Alabama Processing Co. v. Utilities Board

JONES, Justice.

Alabama Processing Company, Inc. (“seller”),1 contracted to sell certain real estate to the Utilities Board of the Town of Citronelle. The seller sued for specific performance. The trial court gave summary judgment against that claim, holding the contract void under the Statute of Frauds, Code 1975, § 8-9-2. The seller appeals from that summary judgment, which had been made final pursuant to Rule 54(b), A.R.Civ.P. The Utilities Board (“buyer”) cross-appeals from an order denying its motion for summary judgment as to other claims.

With respect to the cross-appeal, Blanton v.…