Cunningham v. Cunningham

Brannon, Judge:

This is a chancery suit in the circuit court of Wetzel County by Thomas M. Cunningham against Thomas Cunningham to enforce specific performance of an oral contract for the sale of land, in which a decree for the plaintiff was made, from which the defendant appealed.

Counsel for defendant argues the case as if there were no contract of sale, on the idea that the contract alleged in the bill is not the same as that proven or admitted in the answer. The bill sets out an oral contract, and the answer admits it, and does not rely on the statute of frauds as a defense, and therefore…