Sterling v. Landis

George K. Cracraft, Judge.

The sole question presented by this appeal is whether parol evidence is competent to establish an oral modification of agreements contained in an instrument required to be in writing by the Statute of Frauds when offered by a stranger to the written instrument. We hold that it is.

Clifton Sterling brought this action to recover treble damages from Johnny Landis for wrongfully cutting and removing standing timber from his land without his consent. He had also initiated criminal proceedings against Landis based on that incident. Landis admitted that he had cut the…