McSweeney v. Jackson

Harsha, Judge.

Mark and Cathy Jackson appeal from a judgment by the Lawrence County Court of Common Pleas which ordered specific performance of an Oral agreement to sell real estate to appellee. Appellants raise the. following assignments of error for our review:

I. “The court below erred in finding that the defendant-appellants had waived the affirmative defense of the statute of frauds when a motion to amend the pleadings was made at the close of the plaintiff-appellee’s case, where the plaintiff-appellee’s complaint alleges an oral agreement, and where the plaintiffappellee claimed no…