Robinson v. Smalley

The opinion of the court was delivered by

Burch, J.:

The action was one to recover damages for breach of contract. An objection to the introduction of evidence in support of the petition was sustained, judgment was rendered for the defendants, and the plaintiff appeals.

The defendants are husband and wife. They agreed orally to execute and deliver to the plaintiff an oil and gas lease cov*843ering part of their homestead. J. L. Smalley did execute the lease, but his wife declined to do so.

The plaintiff argues that the agreement to make the lease did not relate to an interest in land, but merely gave…