Hotel Candler Incorporated v. Candler

Grice, Justice.

In part one of the plaintiff in error’s brief, under the heading '“Statement of Facts,” is to be found the following: “The one issue, as we'understand it, before this court is whether or not there was such part performance of the oral agreement between plaintiff and defendant as would take the case out of the rule of the statute of frauds so as to become the basis of an action for specific performance.” On page 2 of the defendant in error’s brief may be found the following: “ On page 8 of plaintiff’s brief it is stated that there is only one issue involved, that is, whether the…