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Faulkner v. Hood

Defendant's agreement to purchase property for plaintiffs at a public sale was unenforceable because the parties never agreed on how much defendant would pay for the property.

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Betty Jean Faulkner, her four siblings, and her mother allege that defendant John Buffington orally agreed to act as their agent to bid at a public auction on land owned by defendant Joseph Field. According to the plaintiffs, Buffington’s daughter, defendant Beth Buffington Hood, purchased the property and wrongfully refused to convey it to them in accordance with the agreement. The trial court granted the defendants’ motion for summary judgment on the ground that the plaintiffs’ claims were barred by the statute of frauds. We affirm for a different reason—because the alleged agency agreement was too indefinite to be enforceable.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.”1 We review a grant of summary judgment de novo, considering the evidence, and all reasonable conclusions and inferences therefrom, in the light most favorable to the nonmovant.2 We will, accordingly, affirm a grant of summary judgment if it is right for any reason.3

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