Chomicky v. Buttolph

Defendants, Edward and Barbara Buttolph, appeal from the lower court’s order granting specific performance of an alleged oral agreement for the sale of property. Plaintiffs, Eugene and Georgianna Chomicky, cross-appeal the denial of their damage claim. We reverse the court’s decree of specific performance on the basis that this dispute is properly resolved under the Statute of Frauds, and affirm the denial of plaintiffs’ claim for damages.

Defendants are landowners of lakeside property on Lake Dun-more. Their property is divided by a road. Intending to retain title to the undeveloped back lot…