Kirkland v. Morris

Ingram, Justice.

Plaintiff appeals from the trial court’s grant of a motion for summary judgment in favor of the defendant. Plaintiff contended that the parties entered into an oral agreement for the purchase by plaintiff of a mobile home from defendant and that defendant had breached the agreement. Defendant denied the sales agreement and contended he only agreed to rent the mobile home to plaintiff.

The trial court construed plaintiffs action as one for specific performance and determined the action was premature because, under the terms of the alleged agreement contended by plaintiff, the…