Scrimsher v. Scrimsher

The majority errs by confining its analysis to a discussion of whether there was an oral agreement between Mrs. Scrimsher and the Scrimsher children. As I perceive the issue, the question is not whether an oral agreement was reached by the parties, but rather whether a written agreement, independent of any oral conversation, existed and, further, whether there was partial performance. The majority has failed to incorporate several significant and, I believe, controlling facts in its statement of facts. Therefore, I will take this opportunity to set forth those facts which the majority omits.

Af…