Cash v. Maddox

This is an appeal from an order of the lower court directing specific performance of an agreement to sell real estate and awarding damages and counsel fees. There was no written contract to sell and the basic issue concerns the *486sufficiency of' a notation on a check for the down payment to constitute a memorandum of the agreement, as required by the Statute'of Frauds (Section 11-101,' 1962 Code of Laws) which provides:

“No action shall be brought whereby:

“(4) To charge any person upon any contract or sale of lands, . . .

“Unless the agreement upon which such action shall be brought or some…