Marks v. Williams

Woody G. Marks and Phyllis H. Marks sought specific performance by Clarence Williams of a real estate agreement entered into by the three parties. Williams demurred, contending that neither the Marks nor he intended the agreement to bind either party unless Williams and his wife executed the deed which was submitted by the Marks. The lower court sustained the demurrer,1 and the Marks appealed.

The Marks attached a copy of the agreement to their bill of complaint as an exhibit. This agreement2 provided that, in accordance with an earlier agreement, the Marks agreed to purchase for $56,000.00…