MacDonald v. Harris

Phipps, Judge.

David MacDonald sued Willie Carl Harris for specific performance of a real estate sales contract, identifying MacDonald as the purchaser and Harris and his sister Jo Ann Whipple as the sellers. Harris filed an untimely answer to the complaint and a counterclaim for libel of title. In his defense, Harris submitted uncontroverted evidence showing that Whipple forged his signature on the contract. For this reason, the trial court awarded summary judgment to Harris on MacDonald’s complaint but denied summary judgment to MacDonald on Harris’s counterclaim.

MacDonald appeals,…