Halbert v. Forney

— Rolla and Lynne Halbert and Helen Forney executed an earnest money agreement for the Halberts to purchase Forney’s property. Forney refused to honor the agreement. Conceding that the property description did not comply with the statute of frauds, the Halberts brought a declaratory judgment action to reform and enforce the agreement. The trial court granted summary judgment to Forney. We affirm because the document cannot be reformed to correct what the parties knew was an incomplete legal description, and the agreement lacks other material terms in any event.

Facts

On June 26, 1995, Forney…