Johnson v. Haynes

MATHERNE, Judge.

The plaintiffs-buyers sue for specific performance of the sale of land at auction. The defendant-owner relies upon the statute of frauds and the failure of the buyers to comply with the terms of the sale.

The chancellor held the sale not enforceable because the requirements of the statute of frauds were not met, and he also held the buyers failed to meet the terms of the sale. The plaintiffs appeal assigning both findings of the chancellor as error.

I

By written contract dated June 14, 1973, signed by the seller, the seller did place with the auctioneer, Zirkle-Rainwater Auction…