Capital Reserve Corporation v. Rosa Mae Day

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-264-CV

CAPITAL RESERVE CORPORATION APPELLANT

V

ROSE MAE DAY APPELLEE

------------

FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY

------------

MEMORANDUM OPINION1

------------

I. Introduction

This is an appeal from a nonjudicial foreclosure sale of realty wherein the seller, Capital Reserve Corporation (“Capital”), complains in two issues that the trial court erred in granting summary judgment in favor of the perspective buyer, Rose Mae Day (“Day”), because (1) the statute of frauds does not apply to the sale in issue and (2) in any event,…