Larry Thornton vs. Joe Marcum and wife, Mona Marcum

Case Number
E2007-01326-COA-R3-CV

Plaintiff and defendants entered into a verbal agreement wherein plaintiff would purchase two lots from the defendants at an agreed price. Plaintiff made payments as agreed over a period of time, but before the lots were completely paid for defendants sold one of the lots to a third party. Plaintiff brought this action for specific performance and the Trial Court ruled that the verbal agreement violated the Statute of Frauds. However, the Trial Court invoked the theory of equitable estoppel against defendants, ordered specific performance, and awarded damages for the lot sold, which was part of the purchase agreement. On appeal, we affirm.

Authoring Judge
Judge Herschel Pickens Franks
Originating Judge
Judge Billy Joe White
Case Name
Larry Thornton vs. Joe Marcum and wife, Mona Marcum
Date Filed
Dissent or Concur
No
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