Baliles v. Cities Service Co.

OPINION

COOPER, Justice.

This is an action for specific performance of a contract for the sale of real property or, in the alternative, for damages for its breach. The chancellor decreed specific performance on completion of a condition precedent. The Court of Appeals reversed the chancellor’s decree and dismissed the action.

Certiorari was granted to review the determination by the Court of Appeals that the written memorandum of an agreement to sell real estate was not sufficient to comply with the statute of frauds (T.C.A. § 23-201(4)); and that neither the doctrine of part performance nor…