Sanders v. McNutt

By the Court.

The sole question to be determined is whether the amended petition alleges facts sufficient to constitute a cause of action.

The answer to that question depends in part upon the proper construction of certain language found in Section 8621, General Code, as follows:

“No action shall be brought whereby to charge the defendant * * * upon a contract or sale of lands * * * unless the agreement upon which such action is brought, or some memorandum or note thereof, is in ivriting, and signed by the party to be charged therewith, or some other person thereunto by him or her lawfully…