Finer v. Loeffler-Green Supply Co.

WILLIAMS, Justice.

The sole issue presented in this appeal is whether a written contract relating to the sale of real property and thus within the statute of frauds, 15 O.S.1961, § 136, may be amended by a subsequent executed oral agreement.

Plaintiff below, defendant in error herein, and defendants executed a written contract in October, 1960, by which plaintiff agreed to sell and defendants agreed to buy certain described property and a warehouse located thereon in the City of Tulsa. This sale was to be closed on or before December 15, 1960.

Prior to the closing, a survey of the property was…