Heinrich v. Martin

STRUTZ, Judge.

The defendants are the owners of certain real estate located in McIntosh County, North Dakota. The plaintiff brings this action for specific performance of an alleged contract to sell the land, basing the cause of action on a memorandum, a letter, and partial performance. The defendants raise a number of defenses, including the defense of statute of frauds, alleging that, since the so-called contract is one for the sale of real estate, it is within the provisions of the statute of frauds and not enforceable because there is no sufficient memorandum to take the transaction out of…