Strickland v. Woods Bros. Industrial Corp.

The opinion of the court was delivered by

Thiele, J.:

This appeal is to determine whether an oral contract for the rescission of a written contract for the sale of land is within the statute of frauds.

On September 9, 1929, the appellant entered into a written contract with appellee under which it was agreed that if appellee would pay $5,454.40 in the time and manner specified, it would, upon his request and upon surrender by him of the contract, convey to him *115by warranty deed a certain described tract of land. There is no obligation in the contract requiring appellee to purchase. Time was of…