Gene Hancock Construction Co. v. Kempton & Snedigar Dairy

HATHAWAY, Chief Judge.

A summary judgment in favor of the appellees, defendants below, as to (1) appellant Hancock Construction Company’s right to enforce an alleged oral contract for the sale of realty, and (2) appellant Thuerauf’s right to enforce an alleged oral authorization to sell said realty, is the subject of this appeal. The pertinent provisions of A.R.S. § 44-101 are:

"No action shall be brought in any court in the following cases unless the promise or agreement upon which the action is brought, or some memorandum thereof, is in writing and signed by the party to be charged, or by…