Readicker v. Denning

The opinion of the court was delivered by

MASON, J.:

This case turns upon whether the statute of frauds prevents the enforcement against Mrs. Denning of a contract for the sale of real estate to Joseph Readicker. The plaintiff introduced in evidence an instrument which had been deposited in escrow, which was apparently a fully executed' and acknowledged deed from Mrs. Denning and her husband to Readicker. This was enough to make a prima facie case .on this proposition. The judgment awarding specific performance was affirmed on the ground that the trial court must be deemed to have discredited…