Mershon v. Land

GANT, Judge.

In 1977, Paul Mershon allegedly entered into an oral contract with the appellee to raise a tobacco crop on the farm of appellee. He began to work the farm but appellee sold it to his children, who raised the 1977 crop. Paul Mershon brought this action for breach of contract but died prior to trial and the action was prosecuted by the appellant as administratrix.

After the jury was duly impaneled, the landowner objected to the use of his testimony or that of his wife to prove the contract, relying on KRS 421.210(2), the “Dead Man’s Statute,” as a bar to the testimony, which…