Black v. Gray

Plaintiff filed suit in the circuit court of Greene County to declare a constructive trust in his favor in certain land held by defendant. Defendant moved to dismiss the amended complaint, on the ground that the cause of action therein alleged is unenforceable under the Statute of Frauds. The court granted the motion, and upon plaintiff’s election not to plead further, entered a decree dismissing the complaint for want of equity. Plaintiff appeals directly to this court.

The complaint as amended alleges that plaintiff entered into an oral agreement with defendant whereby he employed the latter…