Gibbens v. Hardin

The primary issue in this dispute is whether the statute of frauds prohibits the enforcement of an oral agreement to divide real property.

On March 9, 1987, Wayne Gibbens and Mark Hardin met to discuss a joint effort to purchase a tract of real estate. The property consisted of three parcels in Fauquier County. Gibbens wanted to acquire Parcels 1 and 2 whereas Hardin wanted to acquire Parcel 3. Parcel 1 contained 103.2796 acres, Parcel 2 contained 104.0423 acres, and Parcel 3 contained 188.3614 acres. Two houses are located on Parcel 3.

Hardin and Gibbens decided to make an offer of $2.2…