Mielitz v. Mielitz

MEMORANDUM DECISION

NICHOL, Chief Judge.

This diversity action arises from a family disagreement involving a sale of land. Plaintiffs allege the existence of oral agreements for the sale of the land in dispute. Defendants deny the existence of an agreement and, in addition, raise the statute of frauds as a defense. Defendants also counterclaim.

Plaintiffs seek specific performance and damages, or, in the alternative, solely damages. Defendants’ counterclaim prays 1) that the court order plaintiffs to relinquish possession of the land in dispute and 2) that the court order plaintiffs to pay the…