Kenimer v. Thompson

Deen, Judge.

1. To make an obligation concerning the sale of land binding on the promissor, the promise must be in writing and signed by the person to be charged. Code § 20-401 (4). Full payment of the purchase price, or part payment accompanied by possession, validates an oral contract of sale (Code § 37-802), and so does "such part performance of the contract as would render it a fraud on the party refusing to comply if the court did not compel a performance” (Code § 20-402 (3)) but a part payment of the purchase price unaccompanied by possession or valuable improvements does not. Pierce v.…