Cain v. Cross

Plaintiff, Gerald Cain, filed an action seeking money damages for breach of contract. The defendants, Ronald and Robert Cross (collectively Cross), filed a motion to dismiss based upon the provisions of the statute of frauds. From an order of the circuit court granting the motion, Cain appeals.

The facts are as foEows. Cain filed a complaint alleging that Cross agreed to sell to Cain, and Cain agreed to purchase, 806 acres in Pulaski County, known as Cross Farms, for $1,000 per acre. The agreement was not in writing. Cain claims he was to pay $10,000 in earnest money upon making the agreement,…