Osborne v. Martin

An option for the purchase of land is required by the Statute of Frauds to be in writing. Florence v. Rankin-Whitten Realty Co., 101 Ga. App. 333 (114 SE2d 70); Code § 20-401 (4).

The part performance provided by Code § 20-403 (3) to make an exception to the Statute of Frauds, must be part performance of the contract — something substantial, generally essential to the performance of the contract, and such that it would render it a fraud of the party refusing to comply if the court did not compel a performance — not merely an independent act, not a part of the contract, which the doer was led…