Brumm v. Goodman

The opinion of the court was delivered by

Hoch, J.:

This was an action on a contract which was in part oral and in part written. Plaintiffs sought specific performance and damages if performance could not be had. The trial court held that the written part of the contract was illegal and void but gave judgment for specific performance under the oral part of the contract. The defendants appeal from the judgment and from various adverse rulings. The principal question here is whether the contract was separable.

In view of the conclusion presently to be stated on the basic issue which determines the…