Madsonia Realty Co. v. Zion's Savings Bank & Trust Co.

I concur but desire to state my reasons why I think Mrs. Madsen is not entitled to any of the proceeds which have been and which will be received from the Peterson contract.

Mr. Richard W. Madsen orally agreed to convey the property in dispute to the respondent corporation in 1937 at which time the latter paid him the purchase price and went into possession. There being part performance of that oral contract, the executor of Mr. Madsen’s estate cannot plead the statute of frauds as a bar to the respondent’s action. However, Mrs. Madsen was not a party to the oral agreement which her husband…