Fleckenstein v. Faccio

OPINION

MATTHEWS, Justice.

This case involves an alleged oral contract for the sale of land. Mr. and Mrs. Fleckenstein, sellers, appeal from the judgment awarding Tom Faccio 11.104 acres. Faccio cross-appeals from the conclusion of law that there was not sufficient part performance to take the agreement out of the statute of frauds.

We conclude that first, the trial court was correct in finding that Larry Flecken-stein and Tom Faccio formed a contract for the sale of eleven acres; 1 second, the trial court was also correct in its determination that there was a sufficient memorandum of the…