Cloniger v. Cloniger

Brailsford, Justice:

In this controversy between two brothers concerning an alleged oral contract to convey land, the circuit court overruled the defendant’s exceptions to the report of the special referee and decreed specific performance. The defendant has appealed on a number of exceptions, which challenge concurrent findings of the referee and circuit judge as to the existence of the contract and the sufficiency of plaintiff’s performance thereunder to remove the bar of the Statute of Frauds and assign other errors.

The defendant also appeals from an interlocutory order overruling his…