Wilcher v. McGuire

TURNAGE, Presiding Judge.

Plaintiffs, Wilcher and Robertson, brought suit for specific performance of an alleged contract for the sale of real estate against the defendant owner, McGuire. McGuire raised as her primary defense the Statute of Frauds, Section 432.010, RSMo 1969. The trial court found for the defendant.

On this appeal plaintiffs urge the auction sale conducted was (1) “without reserve” and thus the sale was completed at the time the auctioneer knocked down the high bid, and (2) the requirements of the Statute of Frauds were fully met. Affirmed.

McGuire entered into a written…