Mitchell v. a & B Coal Co.

The plaintiff sought damages and specific performance of an agreement claimed to have been made by the defendant to sell its property. The defendant demurred, substantially on the .ground that it did not appear that it had signed any memorandum sufficient to satisfy the Statute of Frauds. The trial court sustained the demurrer and the plaintiffs appealed.

The complaint was in two counts. The first count contained the following allegations: The defendant owned the property in question which was occupied by the plaintiffs as tenants. On June 6, 1946, the plaintiffs agreed to buy and the…