Nutt v. Knutson

The opinion of the court was delivered by

Herd, J.:

This is a breach of contract case. Craig Nutt appeals from the district court’s directed verdict for Horizon Mortgage Services, Inc., (HMS) and Robert Knutson. The district court found an oral contract between Nutt and Knutson was void under the statute of frauds, K.S.A. 33-106. The Court of Appeals held that the district court had granted an involuntary dismissal rather than a directed verdict, but affirmed that part of the judgment relating to the statute of frauds. Nutt v. Knutson, 13 Kan. App. 2d 169, 766 P.2d 823 (1988). We granted review.