Smith v. Malone

Neal, Judge.

This appeal concerns the trial court’s granting of specific performance of an oral agreement to convey real property. We reverse.

Appellee Edward Malone is the former son-in-law of appellants T.J. Smith and Earnestine Smith. Appellee was married to appellants’ daughter Patricia until her death in May 2001. In ■March 1987, appellants acquired 10.5 acres of real property in Saline County. The parties had an agreement to purchase the property together so that each couple would own a five-acre tract and pay one-half of the purchase price. In May 1990, appellants conveyed two acres of…