Oxendine v. . Stephenson

Tbe exceptions presented by defendant’s appeal are without special merit, and they will not be considered seriatim.

Tbe action is for damages, ratber than for specific performance, because, a,t tbe time of tbe institution of tbe suit, tbe defendant bad parted with title and conveyed tbe land to a third person.

While the authorities elsewhere are conflicting, it is the rule in this jurisdiction that when one, who has agreed orally to sell land, prepares and signs a, deed, which substantially expresses the bargain, and delivers the same in escrow, such writing is a sufficient memorandum to meet…