Adams v. Scales

Nicholson, Ch. J.,

delivered the opinion of the Court.

Adams sued Scales for failing to complete his bid for a tract of land sold by Adams, as trustee, at public auction, at which sale Marks acted as crier, and Scales was the highest bidder — at $30 per acre. Upon Scales’ refusal to carry out his bid, by executing his notes, according to the terms of sale, Adams again advertised and sold the land at $25 per acre. He then sued Scales for the difference in the two notes.

Scales relied on the plea, that the sale was void under the Statute of Frauds. On the trial the Court charged the jury: “That if…