Cobb v. Leyendecker

Wendell L. Griffen, Judge.

Marvin Cobb appeals from a judgment in favor of Charles Leyendecker in a breach of contract dispute. He argues that Leyendecker’s contract action was barred by both the statute of frauds and the statute of limitations. We hold that Cobb’s partial performance takes the contract out of the statute of frauds; however, we hold that the applicable statute of limitations bars Leyendecker from recovering for the full amount on his claim. Accordingly, we reverse and remand for further proceedings consistent with this opinion.

On January 28, 2002, Leyendecker filed a complaint…