Robinson v. Black

COMPTON, Chief Justice.

This is an action for damages for breach of contract to purchase real estate. The complaint alleged that certain property owned by the plaintiff in Carlsbad, New Mexico, was offered for sale at a public auction as a unit, that it was bid on by, and sold to the defendant, who thereafter repudiated the sale. The defendant denied the allegations and affirmatively pleaded the Statute of Frauds, and also alleged misrepresentation by the auctioneer of the quantity of real estate being sold. From an adverse judgment, the plaintiff has appealed.

The facts are these. Appellant is…