Broderick Autry v. Charles Boston, Jr., et al.

Case Number
01030-COA-R3-CV

Broderick Autry (“Plaintiff”) sued Charles Boston, Jr. and Corrine Boston (“Defendants”) claiming that Defendants had contracted to sell Plaintiff real property located at 2512 Ocoee Street in Chattanooga, Tennessee (“the Property”) and had breached the contract. Defendants raised, among other things, a statute of frauds defense under Tenn. Code Ann. § 29-2-101. After a bench trial, the Trial Court held, inter alia, that Plaintiff had a valid contract for the purchase of the Property, and ordered Defendants to execute and deliver a warranty deed for the Property to Plaintiff within thirty days of the payment of the balance due by Plaintiff. Defendants appeal to this Court. We affirm by holding that although the writing produced as evidence of the contract does not satisfy the statute of frauds, Defendants are estopped from denying the existence and enforceability of the contract.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Judge Samuel H. Payne
Case Name
Broderick Autry v. Charles Boston, Jr., et al.
Date Filed
Dissent or Concur
No
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