Smith v. Shackleford

This appeal is from a final decree in a suit in equity awarding specific performance of a supposed agreement to convey land. The owner of the land was defendant below and is appellant here, the suit being brought by the purchasers as complainants below.

The written memorandum relied on by the purchasers as being a compliance with the Statute of Frauds (Sec. 3872, Rev. Gen. Stats. 1920) was not signed by the owner himself, but was signed by one whom the purchasers claim was the agent of the owner, with lawful authority to bind the latter by executing the memorandum of the agreement.

The statute…