David Glass v. Jake R. Kirkland Patricia A. Kirkland David Glass v. Jake R. Kirkland Patricia A. Kirkland

HEANEY, Senior Circuit Judge.

Jake R. Kirkland and Patricia A. Kirkland appeal an order of specific performance of a contract to sell real estate to David Glass. The district court found that partial performance of the oral sales contract removed it from the Statute of Frauds. Glass cross-appeals the district court’s dismissal of his claim for damage to the land. We affirm the order of specific performance of the real estate contract and reverse the dismissal of Glass’s damages claim and remand for consideration of that issue.

This dispute arises out of competing claims for a tract of land in…