Bratt v. Peterson

Three issues are presented on this appeal:

1. Is the June 21st extension void under the statute of frauds ?

*4512. Is appellant estopped from raising a defense based on the statute of frauds ?

3. Is the option so vague and uncertain as to be unenforceable?

Since the case comes to us on demurrer we must assume that all facts pleaded in the amended answer are true.1

Statute of Frauds.

Consideration must first be given to determining whether, in terms of general contract law, there was a binding agreement between the Schnells and Peterson. An option to purchase is a continuing promise or offer given by the…