Potter v. Bland

In an action for quasi specific performance of a contract, allegedly a written one, judgment was entered decreeing that defendants held certain real property as constructive trustees for plaintiff’s benefit, and ordering defendants to convey said property to plaintiff.

Questions Presented

1. Was the memorandum sufficient under the statute of frauds ?

2. Estoppel to assert the statute of frauds.

3. Was plaintiff incompetent to testify under the so-called “Deadman’s Statute” (Code Civ. Proc., § 1880, subd. 3), and should a claim have been filed against the estate under section 707, Probate Code?

4.…