Wingart v. Baxter

On Motion for Rehearing.

On reconsideration, despite much respect for the opposing views of both appellant's able counsel and its Chief Justice, this court is unable to recede from its former judgment. Three points of material difference appear between their common conclusions and its own that are, in substance, expressed alike in the motion for rehearing and the dissenting opinion, to wit:(1) "This suit is one to recover the agreed consideration for a parol sale of an interest in land, and the contract sought to be enforced is within our statute of frauds, unless excepted therefrom by reason…