Bradshaw v. McElroy

WHICHARD, Judge.

The issue is whether the description of the property subject to the contract is patently ambiguous, thus rendering the contract void as a matter of law under the statute of frauds, or whether it is merely latently ambiguous and capable of identification by reference to extrinsic matters. We hold the description merely latently ambiguous. Summary judgment for defendants thus was improper.

The statute of frauds provides that “[ajll contracts to sell or convey any lands . . . shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by…