Barnett v. Washington Glass Co.

Gavin, J. —

The appellee sought to recover the purchase-price of real estate, which, it was alleged, appellant had agreed to buy, and for which appellee had tendered a deed in performance of the contract.

It is not controverted by appellee that the contract was by parol and within the statute of frauds (R. S. 1894, section 6629, subd. 4; R. S. 1881, section 4904), unless taken out of its operation by part performance. Possession taken is relied upon to make the contract valid.

Passing by all technical questions of parties and want of averment of transfer of contract, we take up the main…