Neely v. Sheppard

ON REHEARING.

Bell, Justice:

We have carefully considered every ground of the motion for a rehearing and' the authorities cited. We have concluded that the motion should be denied, and feel that the original opinion sufficiently deals with the various questions argued, with two or three exceptions.

1. Is an option to purchase real estate such a contract as the statute of frauds requires to be in writing? The English statute of frauds applied to any contract for the sale of lands, “or any interest in or concerning them.” 25 R. C. L. 531, § 116. The portion of this statute which has been adopted…