Cash v. Maddox
1975 S.C. LEXIS 294, 220 S.E.2d 121, 265 S.C. 480 (1975)
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Rule of Law:
To be enforceable under the Statute of Frauds, a contract for the sale of land must be in writing and describe the property with enough reasonable certainty that the land can be identified without resorting to parol evidence.
Facts:
- Morris and Betty Cash, residing in Florida, telephoned John and Sue Maddox, residing in Georgia, to discuss purchasing 15 acres of land owned by the Maddoxes in Pickens County, South Carolina.
- The Maddoxes owned a 76-acre tract of land in Pickens County, a portion of which (15.6 acres) was located south of the Pickens-Greenville highway.
- The Cashes mailed a $200 check to the Maddoxes as a down payment for the property.
- A notation on the check read: '15 acres in Pickens, S. C, land binder, 30 days from date of check to June 3, 1970.'
- John Maddox endorsed and cashed the check.
- Subsequently, the Maddoxes informed the Cashes that they no longer wished to sell the land because it would cause family trouble.
- The Maddoxes attempted to return the $200 payment, which the Cashes refused to accept.
Procedural Posture:
- Morris and Betty Cash sued John and Sue Maddox in a state trial court, seeking specific performance of the alleged contract to sell land.
- The trial court held that a binding contract existed and ordered the Maddoxes to convey the property to the Cashes.
- The Maddoxes, as appellants, appealed the trial court's decision to the Supreme Court of South Carolina, the state's highest court.
- The Cashes are the respondents in the appeal.
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Issue:
Does a check notation stating '15 acres in Pickens, S. C, land binder' describe the property with sufficient certainty to satisfy the Statute of Frauds for an enforceable contract for the sale of land?
Opinions:
Majority - Ness, J.
No. The notation on the check does not describe the land with sufficient certainty to create an enforceable contract under the Statute of Frauds. The Statute of Frauds requires that the essential terms of a contract for the sale of land, including a reasonably certain identification of the land, be established by the writing itself without resort to parol evidence. The description '15 acres in Pickens, S. C.' is too vague and uncertain as it gives no definite location or shape and does not distinguish the subject property from the rest of the Maddoxes' 76-acre tract. Parol evidence cannot be used to supplement such a vague description, but only to explain terms already appearing in a reasonably certain description. Without a clear identification of the land in the writing, a court cannot decree specific performance.
Dissenting - Lewis, C.J.
Yes. The memorandum was sufficient to satisfy the Statute of Frauds under the circumstances of this case. The purpose of the statute is to protect against fraud, and it should not be applied so rigidly as to perpetrate an injustice when the parties' intentions are clear. The uncontradicted testimony established that both parties knew exactly which 15-acre tract was the subject of the sale. Since there was no dispute as to the identity of the land or the consideration, parol evidence should be admissible to confirm these undisputed facts. Enforcing the Statute of Frauds strictly in this instance allows the appellants to escape a clear agreement, thereby aiding rather than preventing fraud.
Analysis:
This decision reaffirms a strict application of the Statute of Frauds' requirement for a sufficient description of land in a written memorandum. It clarifies that a general description is inadequate when a seller owns a larger tract, and parol evidence cannot be used to cure this vagueness. The ruling emphasizes the importance of precision in real estate contracts, potentially making it more difficult to enforce informal or poorly drafted agreements. This precedent places a high burden on purchasers to ensure that any written memorandum, even a notation on a check, describes the specific parcel of land with clarity and certainty.
