Kinney v. Youngblood

Head, Presiding Justice.

While a contract involving any interest in land must be in writing to bind the parties (Code § 20-401 (4)), this provision does not extend to cases where “there has been such part performance of the contract as would render it a fraud of the party refusing to comply, if the court did not compel a performance.” Code § 20-402 (3).

The terms of the oral contract between the parties were alleged with sufficient clarity and definiteness. The contract alleged is fair, just, and equitable, since the petitioner agreed to assume the entire indebtedness, principal and interest,…