Hipsher v. Hunter

OPINION

The judgment is affirmed upon the reasoning set forth in the opinion of the trial court, plus the further reasoning:

The part performance relied upon by the appellants to take this case out of the statute of frauds is the doing of ordinary farm work of such a character that it is not impossible nor impracticable to compensate in damages, the awarding of which will place the parties in status quo.

*279Under the rule of law hereinafter mentioned, the doing of such work does not constitute part performance sufficient to take the case out of the statute of frauds.

The rule above referred to,…