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Cain (P) sued Cross (D) alleging that D agreed to sell 806 acres of land known as Cross Farms for $1,000 per acre. The agreement was not in writing. P claims he was to pay $10,000 in earnest money upon the making of the agreement and $400,000 on the delivery of possession and the balance with interest at a later date. P claims he made the $10,000 down payment and arranged for the financing of the rest, but D refused to convey and breached their agreement by conveying to a third party. P alleged damages in excess of $50,000. The court dismissed the action on the basis of the statute of frauds. P appealed.

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