Kiernan v. Creech

OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

Two parties agreed orally to purchase a commercial towing lot, even though title to the lot would be in one party's name only. The parties agree that they split equally all costs associated with the property, including purchase and development costs, and that they used the property jointly. They dispute whether their oral agreement provided that. they would co-own the property, or that the non-titled party would lease from the titleholder. The title-holder moved for summary judgment on the ground that the statute of frauds barred any oral…