Bailey v. Butner

OPINION

By the Court,

Horsey, J.:

This action was brought by the appellant, Arne R. Bailey, for the specific performance of an oral agreement for the sale to appellant of certain land described in the complaint, it being alleged that said agreement was made between the said appellant, as the vendee, and William R. Butner and Saphronia T. Butner, his wife, as vendors, through Elmo M. Butner, as agent, on August 27, 1941. The said William R. Butner, Saphronia T. Butner, Elmo M. Butner, and the respondent J. T. Rutherford were made parties defendant in said action.

The basis for making' the said J.…