West v. Vandiviere

Bell, Justice.

The petition shows upon its face that the alleged! agreement for sale of the land was in parol. The defendant’s demurrer, raising as it did the contention that the alleged agreement was not in writing (Code, § 20-401), and that no facts were alleged to show any exception to the statute of frauds (§ 20-402), was properly sustained. But the real controversy arises over the provision in the Code, § 37-802, that “The specific performance of a parol contract as to land shall be decreed, if the defendant admits-the contract. . . ” There is a distinct allegation in the petition that…