Gregerson v. Jensen

I am constrained to dissent from the position adopted by the majority for I am of the opinion that it constitutes an unwarranted departure from both the statutory and the case law.

The majority of the Court concedes that the check in question, standing alone, is not a sufficient memorandum as will satisfy the Statute of Frauds1 for it does not contain all of the essential terms and provisions of the contract.

The Statute of Frauds provides, in part, that “[ejvery contract ... for the sale, of any lands, . . . shall be void unless the contract, or some note of memorandum thereof, is in writing…