Giblin v. Sudduth

ARCHER, Chief Justice.

H. C. Sudduth, Jr., and wife filed this suit against N. A. Giblin for specific performance of a contract which they contended gave them an option to purchase a tract of 1.18 acres of land belonging to the Giblins. The defendants resisted on the grounds, among others, that the land was not sufficiently described in the written memorandum to satisfy the Statute of Frauds and that plaintiffs’ rights had ceased long prior to the attempted exercise of the option because of their failure to pay the annual consideration necessary to keep the option alive.

A trial before the…