Del Rio Land, Inc. v. Haumont

Since I am of the opinion that the Statute of Frauds was complied with and that the “subject to” question, which was the issue in the prior Supreme Court decision in this cause, Del Rio Land, Inc. v. Haumont, 110 Ariz. 7, 514 P.2d 1003 (1973) was properly resolved by the trial court on the facts, I must respectfully dissent.

The essence of the majority opinion, whether fully articulated or not, is that there cannot be a specifically enforceable auction sale of land without reserve if the seller is not 100% happy with the price obtained immediately after the fall of the auctioneer’s gavel.…