Durham v. Harbin

530 So.2d 208 (1988)

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Nature of the Case

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Facts

Ps alleged that D had agreed (at least orally) to convey a lot in a subdivision for $7,600. Ps paid the money to Ds, and Ds refused several requests to convey the lot, and there is no evidence that Ps ever took possession of it. Ps sued Ds for a breach of the alleged sales agreement. Ds asserted the Statute of Frauds. Ps presented two letters written by Angela Harbin (D) that Ps argue satisfy the Statute of Frauds. Both letters were typed on a Harbin Construction Company letterhead and briefly recited some basic terms that approximate the deal Ps claimed was breached, that is, that money was paid for the purchase of the lot in dispute. Frank Harbin never signed either letter. In fact, it is undisputed that the letter was prepared, not by him, but by his wife, Angela Harbin (D), without his knowledge or consent. The second letter had Angela’s signature. The court granted summary judgment to Ds and Ps appealed.