Martha A. Nix and Charles E. Upham v. Skip Wick, Christie Wick, and James Robert Oldfield

Summary

The court affirmed summary judgment for the defendants because the agreement to sell at least five acres did not identify the land with sufficient certainty under Alabama's Statute of Frauds. The agreement could not be saved by a future survey or by an alleged oral understanding, and the court held that fraud-based claims could not circumvent the Statute of Frauds when they depended on the unenforceable land-sale agreement. The court also declined to consider several unsupported appellate arguments. Justice Murdock, dissenting, would have allowed equitable relief or rescission if the defendants fraudulently induced the plaintiffs to purchase the home through false representations or promises concerning the adjoining land.